Section 504/ADA

Legal Ref.: Rehabilitation Act of 1973

Administering Agency: Office of Civil Rights

If a district has reason to suspect that because of a physical or mental impairment a student needs either special accommodations or related services in the regular educational environment in order to have equally effective participation in the school program, the district must evaluate the student, establish a team to determine eligibility, and develop and implement a plan for the delivery of all necessary educational accommodations.

PHRASE /

INTERPRETATION

…has reason to suspect / Notification by student
Parent report
Medical or health referral
Review of discipline and academic records
Teacher/counselor observation
Enrollment information from previous schools
…equally effective participation / Has the same prospect of success or opportunity to produce the like results as the general population of students of the same age--with the mitigating interventions (medication)
...evaluate the student / Type and extent determined by the disability suspected
Type and extent determined by the nature of services needed
Sufficient to assess nature and extent of the educational impact of the disability
…establish a team to determine eligibility / An administrator, the student’s teacher and someone who can interpret the evaluation data about the student (parent participation is strongly advised but not required)
…develop a plan / Accommodations, modifications and services that will provide “free appropriate education” (FAPE)
Determined by a team of persons (2 or more) knowledgeable about the student
…implement a plan / Each person who must provide or insure the adaptation is informed and complies
…necessary educational modifications / Adaptation that will provide a comparable opportunity
Success is dependent on the student’s use of the opportunity and is in no way guaranteed by the existence of a 504/ADA Regular Education Intervention Plan.

Section 504 and its regulations, while in many ways appear similar to IDEA, are more encompassing. Individuals who receive special education and related services under IDEA are not eligible for Section 504 services. And, individuals who qualify for Section 504 services cease to do so when they are deemed to qualify for special education under IDEA. However, all students are protected against illegal discrimination based on disability under Section 504.

Students eligible for Section 504 services are students defined as having any physical or mental impairment that substantially limits one or more major life activities, including but not limited to walking, seeing, hearing, or learning.

Evaluation: Individuals who qualify for Section 504 may require a modified education program. Evaluations to determine such may be more limited than those required for IDEA qualification and may still be adequate for these purposes. But, comprehensive evaluation is required. Evaluations/data must be current and periodically reviewed. Evaluations/data available from another source/agency may be used if they are current and if the team deems them to be reliable for these purposes.

Team: A team of individuals knowledgeable about the student must determine what accommodations and related services are needed. That team may include a parent and should if at all possible but is not required to do so. However, parents must be notified of any action that changes the identification, evaluation or placement of their child and are entitled to ask for the decision to be reviewed through the district’s Uniform Compliant Procedure (Policy 1700) and ultimately to an impartial due process hearing if they disagree with a district decision. Parents may also file a complaint with OCR, Seattle office, 206-220-7900.

Documentation: Decisions about eligibility and services must be documented in the student’s file and reviewed periodically.

Placement: A student’s program must provide FAPE and be provided in the least restrictive environment.

“Referral to Implementation” Procedures Flowchart

June 2004