Problems to Avoid under Section 504
-Student accommodation plans must be distributed to the regular education teachers responsible for their implementation. Failing to distribute the accommodation plans to teachers or failing to not distribute the plans in a timely manner can be a problem. There is no “grace period” after a new semester begins, or when the student changes grade levels or schools. Teachers should safeguard the confidentiality of the accommodation plans.
-Make sure all appropriate forms are signed and dated by teachers and building administrators. The forms are part of the procedural requirements the district has established in the Section 504 guidebook.
-Anytime a parent says, “My child has [ABC condition] and needs help,” it’s the school’s responsibility to conduct a school-based evaluation. Section 504 identification is not automatic, but is determined by the evaluation.
-When students are taking medications it is the school’s responsibility to remind the students to take the medication. Document and notify parents if the child refuses to take the medications.
-Keep parents informed of problems at school. Use of an initialed assignment book can assist with back and forth communication in addition to telephone or email contact.
-Make sure there is documentation of the accommodations being made. Use the forms.
-Avoid the use of vague terms in defining accommodations in a plan. Writing statements like “as needed” or “student discretion” or “extra time” which are unspecified can lead to problems and grist for the litigation mill.
-Avoid listing methodologies as accommodations. Making statements such as, “the student will succeed with content mastery” is a statement about a method of delivering accommodation, not an accommodation itself. Be specific to the needs of the child.
-Avoid listing too many accommodations. List only those accommodations that are made routinely.
-As with any documentation on student records, keep written comments professional about a student or his/her family in informal notes to other staff members.
-Remember, only identified Section 504 students can be evaluated for occupational therapy, physical therapy or assistive technology services.
-Avoid the use of phrases like “has a history of” or “is regarded as” on Section 504 forms. You need to be able to say, “the student has”.
-Remember, impairments that do not meet Section 504 criteria include: mild anything or tendencies of anything. We must name the impairment, i.e., no fingers on the left hand, anxiety, ADHD, broken leg, etc and explain how it substantially limits a major life activity.
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