FAQs Regarding Section 504 Plans
By Susan Wulczyn
Section 504 of the Americans with Disabilities Act
http://www.ed.gov/about/offices/list/ocr/504faq.html direction from the Office of Civil Rights regarding the regulations around implementation of 504 Accommodations plans
Frequently Asked Questions Regarding Section 504 Plans
Q. What is a ‘504 Plan?’
A. The full terminology is Section 504 of the Rehabilitation Act of 1973. A 504 Plan prohibits discrimination against persons with disabilities, including students and staff members, by school districts receiving federal financial assistance.
Q. What do you mean by ‘disabilities?’
A. Under Section 504 of the Rehabilitation Act of 1973, a student with a disability is defined as a “having a physical or mental impairment that substantially limits one or more major life activities – including learning. As of January 1, 2009, the standard becomes “severely restricts” and “one” major life activity.
Q. What does ‘substantially limits’ or ‘severely restricts’’ mean?
A. Determining substantiality is the most important – and probably .the most misunderstood - requirement when considering eligibility for a Section 504 Plan. In most cases, however, the term “substantially limits” is interpreted to mean that a student is unable to perform or is significantly restricted from performing as compared to the average student of approximately the same age.
Q. Who decides whether or not my child’s disability or disorder poses substantially limitations in their learning, access to curriculum or school achievement?
A. A team of people who work with your child and/or who have knowledge about evaluation information will make a determination about whether or not there is clear evidence that your child’s disorder/disability poses a substantial limitation in his or her learning (or any other educationally-based major life activity). The impairment must be substantial and somewhat unique, rather than common place, when compared to typically-developing age- or grade-level peers. Day-to-day functioning, grades and overall school performance will be carefully taken in to consideration. In any of our four schools, the team of professionals who will be assessing your child’s eligibility for a Section 504 Plan are very serious about this responsibility. They understand that they have a dual responsibility to assure the protections and safeguards that allow students with disabilities to access, to participate in and to progress in the general education curriculum as well as to protect children from labels and designations that may be unfair, unwarranted or which might result in needless stigmatization.
Q. I’m not sure that my child has an actual disability or disorder. I just know that he doesn’t seem to be able to complete homework, or pace himself through assignments. What should I do?
A. First, talk to your child’s teacher about suggestions and interventions that can be designed for your child’s success. You or your child’s teacher may also consult with the school’s Student Services Team. Each of the four District 113A schools has a Student Services Team comprised of the building administrator(s), the school psychologist, the school social worker, the reading specialist(s) the special education teachers and the speech and the language therapist (s). At Old Quarry Middle School, this team also includes the counselors. This group is available to support teachers in developing interventions focused on improving your child’s success and academic achievement This is available to every student, not just those with disabilities! In almost all situations, the teachers, members of the Student Services Team, and you, as the parents, can work together to improve your child’s achievement and/or to help your child learn new behaviors regarding work completion. Your child’s response to those interventions helps us to determine whether or not we need to create/refine further interventions or to do additional assessment.
Q. So is a Section 504 Plan similar to an IEP (Individual Education Plan)?
A. There are many similarities. The building principals, school psychologist and counselors can help you understanding the similarities and differences between an IEP (Individualized Educational Plan, a Section 504 Plan and rights and protections that are guaranteed under the Americans with Disabilities Act. All three federal acts provide some level of rights, protections and procedural safeguards.
Q. My child’s physician has diagnosed my child as having ADHD. Does that mean that the school will write a Section 504 plan for my child?
A. It depends. There is no provision for “automatic eligibility” under Section 504. If you have a report or a diagnosis from an outside evaluator ( a credentialed evaluator who does not work for the school district), you may want to share this report with school personnel. Not only are we mandated to consider any report that you bring to us, we welcome any information that gives us more insight and understanding about working with your child! If you want your child considered for a Section 504 plan, we will certainly use your report as part of our assessment. You will always be part of the discussion about whether or not the disorder or disability diagnosed by your outside evaluator is substantially limiting your child’s progress in school.
Q. What exactly would a Section 504 Plan do for my child?
A. A Section 504 Plan would list the accommodations and modifications that the evaluation team feels is necessary for the child to access the curriculum. It could also include some related services such as counseling or social work.
Q. Does it mean that my child would get special accommodations on ISAT and Terra Nova tests…and for the PSAE and ACT in high school?
A. Probably not. The recommendation for special accommodations on standardized testing can only be granted if your child requires special accommodations on curriculum-based assessment testing in the classroom. In other words, special accommodations do not occur for high stakes testing if it is not required for your child on the routine assessments in your child’s classroom.
Q. I’m not really worried about my child’s performance right now. I think the teachers are doing a good job making adjustments and modifications, but shouldn’t I worry about high school? My neighbors have told me that I should get a Section 504 Plan now so that it is in place for high school.
A. We frequently hear this concern from parents about obtaining a Section 504 Plan for their child before they go to high school. We agree that the transition between middle school and high school can be a vulnerable time in a child’s life. Parents have told us that they want a Section 504 plan for their child so that they will be able to receive special accommodations on the PSAE (Prairie State Assessment Exams) or the ACT test. Keep in mind that, even with a Section 504 Plan, the American College Testing Board is the sole determinant of whether accommodations will be granted for any student with a disability!
Q. What if I am still not sure about whether my child has a disability or disorder that may require a Section 504 Plan?
A. Each of our four schools has personnel are very knowledgeable about eligibility for Section 504 Plans…as well as for special education. Please feel free to contact your building principal, assistant principal or school psychologist. At Old Quarry Middle School, the counselors are also a great resource and will be able to explain Section 504 plans to you.. You may also feel free to contact Mary Ellen Schaffer, Director of Student Services for the district who will be happy to answer any questions you may have.
Q. I still am very worried about my child’s transition to the high school.
A. The psychologist(s) and counselors at Lemont High School are extremely knowledgeable about Section 504 Plans and about evaluating students for disabilities/ disorders that have an educational impact. They will be a helpful resource to you in helping to assure your child’s success through the transition from middle school and in to their high school years.
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