Thank you so much for all the 'shares' & 'mentions'. My goal is to reach as many people in the autism community as possible. Regards, Sara Luker
BLOG ~ Section 504 Plan
When you know something is wrong. When your child is struggling in school, but an Individualized Education Program (IEP) is not the right ‘fit’, consider requesting a Section 504 Plan. In some cases, a student may have both. Generally, the Section 504 Plan is sought for the insecure, or marginalized learner who needs a ‘least restrictive environment’ classroom setting where they have more equal learning opportunities for. For example, the student may have special technology with which to take notes, and/or receive / assignments; or, take quizzes / tests. A student with autism may be successful in some general education classes with only the addition of accommodations stated in a Section 504 Plan.
Yen, J., & Mao, A. (2011) say that the Individuals with Disabilities Education Act (IDEA) is the primary law that is invoked when parents are trying to access services of their qualified family members from age 3 to age 21, for educational needs. It includes Family Educational Rights & Privacy Act (FERPA) and Least Restrictive Environment (LRE). There are procedural safeguards in place; but, families of children and adults with autism may need legal help to navigate the system when attempting to gain access to these and other necessary programs.
< My Thoughts > “…procedural safeguards…”
All U. S. schools receiving Federal funds have preprinted Procedural Safeguards Booklets available, for the asking. Understand that a does not provide extra services, nor does it change the school curriculum. Only an Individualized Education Program (IEP) provides accommodations, plus specialized curriculum, instruction, and services. This is effective when the student requires accommodations in a ‘least restrictive environment’, and/or a ‘less restrictive alternative’.
Sometimes, the Special Education Department handles the Section 504 Plan. But, if the parents do not want the student somehow ‘identified’ as having Special Education services, then the school Principal, or designee, can be appointed to develop the Section 504 Plan, and necessary follow-up. Parents should always request a special meeting, if they feel that their child is not receiving the attention s/he needs to succeed in the educational setting.
Note: More about all ‘disability’ laws regarding disability services and public education on local, state, and government websites. See MENU for Free ASD Book: UNIT 6 Where to Look for Resources? CHAPTER 3 – LAW FEDERAL & STATE & LOCAL
The Individuals with Disabilities Education Act (IDEA), along with Section 504 of the Civil Rights Rehabilitation Act, and the Americans with Disabilities Act (ADA), provide for exceptional needs and/or services.
Waterstone, M. (2014) advises us that the purposes of provisions in the Americans with Disabilities Act (ADA) law are to ensure that each person with a disability has every opportunity to become a full member of society.
Briefly, for children with disabilities, an Individualized Education Program (IEP) provides specialized instruction and accommodations. The Section 504 Plan provides accommodations, but not specialized instruction. The Individualized Health Care Plan (IHCP) would provide the student with access to the nurse’s office for medication, or other health care services.
< My Thoughts > “…Section 504 Plan provides accommodations, but not specialized instruction.”
Parents and teachers often weigh the pros and cons of requesting Section 504 Plan help for students, at all levels in the educational system. This requires a thoughtful process of determining – first, qualification / identification of needs of the child; and second, the options / accommodations available to him/her.
Staff Writer (2018) states that – your child needs a well written plan to be developed within the first weeks of school. For your part – provide all the data you have regarding your child. It would help to have a cover letter to request a meeting so that you can better understand how your child will be received.
From the U. S. Department of Education website, here are some of the ‘Frequently Asked Questions About Section 504 and the Education of Children with Disabilities’. An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination based on disability, against students with disabilities. OCR receives numerous complaints and inquiries in elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concerns are with the identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.
< My Thoughts > “…identification of students…”
Parents often have questions about whether the Section 504 Plan will be enough to protect their child in a general education classroom setting. Identification of a Section 504 Plan ‘disability’ is necessary, so the student has the appropriate learning support. Ideally, parents and teachers will recognize and identify student needs, before the school year progresses too far. But, better late than never for the student.
Recently, parents have been known to seek a 504 for their child who is having ‘gender identity’ issues, or undergoing transition and/or therapy. Also, U. S. students receiving Supplemental Security Income (SSI), may also qualify for a 504. Also, if the student requires medication, during the school day, an Individualized Health Care Plan (IHCP) would provide the student with access to the nurse’s office for medication, or other health care services.
STUDENTS PROTECTED UNDER SECTION 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to:
(1) have a physical or mental impairment that substantially limits one or more major life activities.
(2) have a record of such an impairment.
(3) be regarded as having such an impairment.
Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
Here are some asked & answered questions from the U. S. Department of Education (2023) website, which may help you –
Note: The numbers below are as stated on the website, and do not reflect anything other than that.
22. Are there any impairments which automatically mean that a student has a disability under Section 504?
No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.
24. Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504?
No. A medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity.
26. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?
A school district must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent.
27. Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section 504?
The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.
Note: Read more about an IEP, and Due Process in my Free ASD Book, Know Autism, Know Your Child; UNIT 6 – CHAPTER 3 – Laws ~ Federal, State, & Local
29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done?
Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement.
30. What is reasonable justification for referring a student for evaluation for services under Section 504?
School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services.
32. A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?
The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom.
33. How should a recipient school district view a temporary impairment?
A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time.
36. Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"?
No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE).
41. What is the difference between a regular education intervention plan and a Section 504 plan?
A regular education intervention plan is appropriate for a student who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students.
End of excerpt from the U. S. Department of Education website
Note: You may find an online Section 504 Plan list of ‘disorder / disability accommodations’ for the state in which you live.
References:
Staff Writer (2018). Developing Your Child’s IEP; Retrieved online from – https://www.parentcenterhub.org/pa12
U.S. Department of Education (.gov) (2023). Frequently Asked Questions About Section 504 & the education of Children with Disabilities. Retrieved online from – https://www2.ed.gov › about › offices › list › ocr › 504faq/
Waterstone, M. (2014). Disability Constitutional Law; Emory Law Journal; V63:3, p527-580.
Yen, J., & Mao, A. (2011). Laws that Affect Parents Raising a Child with Autism; Brown University Child & Adolescent Behavior Letter; V27:1, p1-6.