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Often Asked Questions Virtually Department 504 and the Education of Children with Disabilities

Introduction | Interrelationship of IDEA and Section 504 | Protected Students | Evaluation | Placement |
Procedural Safeguards | Terminology

This document is a revised version of a document originally developed by the Chicago Role of the Office for Civil Rights (OCR) in the U.South. Department of Didactics (ED) to clarify the requirements of Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the surface area of public elementary and secondary education.  The primary purpose of these revisions is to incorporate information about the Americans with Disabilities Act Amendments Human activity of 2008 (Amendments Act), effective Jan 1, 2009, which amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Human activity of 1973 that affects the meaning of disability in Department 504.  The Amendments Human action broadens the interpretation of disability.  The Amendments Act does not crave ED to better its Section 504 regulations.  ED's Section 504 regulations as currently written are valid and OCR is enforcing them consistent with the Amendments Act.  In improver, OCR is currently evaluating the impact of the Amendments Act on OCR's enforcement responsibilities nether Department 504 and Title II of the ADA, including whether any changes in regulations, guidance, or other publications are appropriate.  The revisions to this Frequently Asked Questions document do not address the effects, if whatsoever, on Section 504 and Championship II of the amendments to the regulations implementing the Individuals with Disabilities Education Human activity (IDEA) that were published in the Federal Register at 73 Fed. Reg. 73006 (December i, 2008).

INTRODUCTION

An important responsibility of the Function for Ceremonious Rights (OCR) is to eliminate discrimination on the footing of inability against students with disabilities. OCR receives numerous complaints and inquiries in the area of unproblematic and secondary education involving Section 504 of the Rehabilitation Act of 1973, every bit amended, 29 United states of americaC. § 794 (Department 504). Most of these concern identification of students who are protected past Section 504 and the means to obtain an appropriate educational activity for such students.

Department 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal fiscal assistance from the U.S. Department of Teaching (ED). Department 504 provides: "No otherwise qualified individual with a inability in the United States . . . shall, solely past reason of her or his inability, exist excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activeness receiving Federal financial assistance . . . ."

OCR enforces Department 504 in programs and activities that receive Federal fiscal assistance from ED. Recipients of this Federal financial help include public school districts, institutions of college education, and other state and local didactics agencies. The regulations implementing Department 504 in the context of educational institutions announced at 34 C.F.R. Function 104.

The Department 504 regulations require a school district to provide a "gratis advisable public education" (FAPE) to each qualified pupil with a inability who is in the school district'southward jurisdiction, regardless of the nature or severity of the inability. Under Department 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student'southward private educational needs as adequately every bit the needs of nondisabled students are met.

This resource certificate clarifies pertinent requirements of Department 504.

For additional information, please contact the Office for Civil Rights.

INTERRELATIONSHIP OF IDEA AND Section 504

ane. What is the jurisdiction of the Part for Ceremonious Rights (OCR), the Office of Special Teaching and Rehabilitative Services (OSERS) and land departments of education/educational activity regarding educational services to students with disabilities?

OCR, a component of the U.S. Section of Education, enforces Section 504 of the Rehabilitation Act of 1973, equally amended, (Department 504) a ceremonious rights statute which prohibits bigotry against individuals with disabilities. OCR also enforces Championship II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance.  The Americans with Disabilities Act Amendments Act of 2008 (Amendments Human activity), constructive January one, 2009, amended the Americans with Disabilities Human action of 1990 (ADA) and included a befitting amendment to the Rehabilitation Deed of 1973 (Rehabilitation Act) that affects the meaning of disability in Section 504. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Section 504. The Championship 2 regulations applicable to free appropriate public educational activity issues do non provide greater protection than applicable Section 504 regulations. This guidance focuses primarily on Section 504.

Section 504 prohibits discrimination on the footing of disability in programs or activities that receive Federal financial assistance from the U.South. Department of Instruction. Title 2 prohibits bigotry on the basis of disability by state and local governments. The Role of Special Education and Rehabilitative Services (OSERS), also a component of the U.Southward. Department of Pedagogy, administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special education programs.  Each state educational agency is responsible for administering Idea within the state and distributing the funds for special education programs. IDEA is a grant statute and attaches many specific weather to the receipt of Federal Idea funds. Section 504 and the ADA are antidiscrimination laws and do not provide whatever type of funding.

2. How does OCR get involved in disability issues within a school district?

OCR receives complaints from parents, students or advocates, conducts bureau initiated compliance reviews, and provides technical assistance to school districts, parents or advocates.

3. Where tin can a school district, parent, or student go information on Section 504 or discover out information about OCR's interpretation of Section 504 and Championship Ii?

OCR provides technical assistance to school districts, parents, and students upon request.  Additionally, regulations and publicly issued policy guidance is bachelor on OCR's website, at http://world wide web.ed.gov/policy/rights/guid/ocr/disability.html.

4. What services are available for students with disabilities under Section 504?

Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the aforementioned extent as the needs of students without disabilities are met. An appropriate education for a student with a disability nether the Section 504 regulations could consist of educational activity in regular classrooms, pedagogy in regular classes with supplementary services, and/or special educational activity and related services.

5. Does OCR examine individual placement or other educational decisions for students with disabilities?

Except in extraordinary circumstances, OCR does not review the result of private placement or other educational decisions so long as the school commune complies with the procedural requirements of Section 504 relating to identification and location of students with disabilities, evaluation of such students, and due process. Accordingly, OCR generally will not evaluate the content of a Section 504 plan or of an individualized education program (IEP); rather, any disagreement can exist resolved through a due process hearing. The hearing would be conducted nether Section 504 or the IDEA, whichever is applicable.

OCR volition examine procedures by which school districts identify and evaluate students with disabilities and the procedural safeguards which those schoolhouse districts provide students. OCR volition likewise examine incidents in which students with disabilities are allegedly subjected to treatment which is different from the handling to which similarly situated students without disabilities are subjected. Such incidents may involve the unwarranted exclusion of disabled students from educational programs and services.

6. What protections does OCR provide against retaliation?

Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Section 504.

7. Does OCR mediate complaints?

OCR does not engage in formal mediation. However, OCR may offer to facilitate mediation, referred to as "Early Complaint Resolution," to resolve a complaint filed under Department 504. This arroyo brings the parties together then that they may talk over possible resolution of the complaint immediately. If both parties are willing to utilise this approach, OCR will work with the parties to facilitate resolution by providing each an understanding of pertinent legal standards and possible remedies. An agreement reached between the parties is not monitored past OCR.

8. What does noncompliance with Section 504 mean?

A school commune is out of compliance when information technology is violating any provision of the Section 504 statute or regulations.

9. What sanctions tin can OCR impose on a school district that is out of compliance?

OCR initially attempts to bring the school district into voluntary compliance through negotiation of a corrective action understanding. If OCR is unable to achieve voluntary compliance, OCR will initiate enforcement activeness. OCR may: (1) initiate administrative proceedings to terminate Department of Didactics financial aid to the recipient; or (two) refer the case to the Department of Justice for judicial proceedings.

10. Who has ultimate authorisation to enforce Section 504?

In the educational context, OCR has been given administrative authority to enforce Section 504. Department 504 is a Federal statute that may be enforced through the Department's administrative procedure or through the Federal court arrangement. In addition, a person may at any fourth dimension file a private lawsuit against a schoolhouse district.  The Section 504 regulations do not contain a requirement that a person file a complaint with OCR and frazzle his or her administrative remedies before filing a individual lawsuit.

STUDENTS PROTECTED UNDER SECTION 504

Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assist. To be protected under Section 504, a student must be adamant to: (1) have a concrete or mental damage that substantially limits one or more major life activities; or (two) have a tape of such an harm; or (three) exist regarded as having such an damage. Section 504 requires that school districts provide a free appropriate public teaching (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits i or more major life activities.

xi. What is a physical or mental harm that substantially limits a major life activity?

The determination of whether a student has a physical or mental harm that essentially limits a major life activity must be made on the basis of an individual inquiry. The Department 504 regulatory provision  at 34 C.F.R. 104.iii(j)(2)(i) defines a physical or mental damage as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting i or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech communication organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; peel; and endocrine; or whatever mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental disease, and specific learning disabilities. The regulatory provision does not set along an exhaustive list of specific diseases and weather that may found physical or mental impairments considering of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, as defined in the Department 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for ane's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504.  In the Amendments Act (encounter FAQ one), Congress provided boosted examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating.  Congress besides provided a not-exhaustive list of examples of "major bodily functions" that are major life activities, such as the functions of the immune arrangement, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.  The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is however valid – the Section 504 regulatory provision's listing of examples of major life activities is non exclusive, and an action or office non specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.

12. Does the significant of the phrase "qualified educatee with a disability" differ on the basis of a educatee's educational level, i.e., uncomplicated and secondary versus postsecondary?

Yes. At the uncomplicated and secondary educational level, a "qualified student with a inability" is a student with a disability who is: of an historic period at which students without disabilities are provided elementary and secondary educational services; of an age at which it is mandatory under state constabulary to provide elementary and secondary educational services to students with disabilities; or a student to whom a country is required to provide a gratuitous appropriate public education nether the Individuals with Disabilities Education Human activity (IDEA).

At the postsecondary educational level, a qualified educatee with a disability is a student with a disability who meets the academic and technical standards requisite for admission or participation in the institution's educational program or activity.

13. Does the nature of services to which a pupil is entitled nether Department 504 differ past educational level?

Yes. Public elementary and secondary recipients are required to provide a free advisable public education to qualified students with disabilities. Such an education consists of regular or special education and related aids and services designed to encounter the individual educational needs of students with disabilities equally fairly every bit the needs of students without disabilities are met.

At the postsecondary level, the recipient is required to provide students with advisable academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program. Recipients are not required to make adjustments or provide aids or services that would event in a fundamental amending of a recipient's programme or impose an undue burden.

14. One time a student is identified as eligible for services under Department 504, is that educatee always entitled to such services?

Yes, as long as the educatee remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student'due south mental or concrete harm no longer substantially limits his/her ability to acquire or whatsoever other major life activity, the student is no longer eligible for services nether Department 504.

15. Are current illegal users of drugs excluded from protection under Section 504?

Generally, yes. Section 504 excludes from the definition of a student with a disability, and from Section 504 protection, any educatee who is currently engaging in the illegal apply of drugs when a covered entity acts on the ground of such employ. (There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs).

16. Are current users of booze excluded from protection under Section 504?

No. Section 504's definition of a pupil with a disability does non exclude users of alcohol. However, Section 504 allows schools to have disciplinary activity against students with disabilities using drugs or booze to the same extent as students without disabilities.

EVALUATION

At the elementary and secondary school level, determining whether a child is a qualified disabled educatee under Section 504 begins with the evaluation process. Section 504 requires the utilize of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a inability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials.

17. What is an appropriate evaluation under Section 504?

Recipient schoolhouse districts must found standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to demand special educational activity and/or related services considering of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districts to individually evaluate a educatee earlier classifying the student equally having a inability or providing the student with special education. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the student's aptitude or achievement or other cistron being measured rather than reflect the pupil's disability, except where those are the factors being measured. Section 504 also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational demand and non merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must exist validated for the specific purpose for which they are used and appropriately administered by trained personnel.

xviii. How much is enough data to document that a student has a inability?

At the elementary and secondary teaching level, the amount of information required is determined past the multi-disciplinary committee gathered to evaluate the pupil. The commission should include persons knowledgeable nigh the educatee, the meaning of the evaluation information, and the placement options. The committee members must determine if they accept enough information to make a knowledgeable decision as to whether or not the educatee has a disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(c) requires that school districts draw from a multifariousness of sources in the evaluation process then that the possibility of mistake is minimized. The information obtained from all such sources must be documented and all significant factors related to the educatee's learning process must be considered. These sources and factors may include aptitude and accomplishment tests, instructor recommendations, physical status, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a inability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Department 504.

19. What process should a school district utilize to identify students eligible for services under Department 504? Is information technology the same process equally that employed in identifying students eligible for services under the Thought?

School districts may utilize the aforementioned process to evaluate the needs of students under Department 504 equally they use to evaluate the needs of students under the IDEA. If school districts choose to adopt a separate process for evaluating the needs of students under Section 504, they must follow the requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35.

twenty. May school districts consider "mitigating measures" used by a student in determining whether the student has a disability nether Department 504?

No.  Every bit of Jan i, 2009, school districts, in determining whether a student has a physical or mental harm that essentially limits that pupil in a major life activity, must not consider the ameliorating furnishings of whatsoever mitigating measures that student is using.  This is a change from prior law.  Before January 1, 2009, school districts had to consider a pupil'due south use of mitigating measures in determining whether that pupil had a concrete or mental impairment that substantially limited that pupil in a major life action.  In the Amendments Human action (see FAQ 1), yet, Congress specified that the ameliorative effects of mitigating measures must not be considered in determining if a person is an individual with a disability.

Congress did not define the term "mitigating measures" but rather provided a non-exhaustive list of "mitigating measures."  The mitigating measures are as follows: medication; medical supplies, equipment or appliances; low-vision devices (which do not include ordinary eyeglasses or contact lenses); prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; utilise of assistive engineering science; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.

Congress created ane exception to the mitigating measures analysis.  The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activeness.  "Ordinary eyeglasses or contact lenses" are lenses that are intended to fully correct visual acuity or eliminate refractive error, whereas "low-vision devices" (listed above) are devices that magnify, raise, or otherwise broaden a visual image.

21. Does OCR endorse a single formula or calibration that measures substantial limitation?

No. The determination of substantial limitation must be made on a case-past-case basis with respect to each individual pupil. The Department 504 regulatory provision  at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon information from a variety of sources in making this conclusion.

22. Are there whatever impairments which automatically mean that a pupil has a disability under Department 504?

No. An impairment in and of itself is not a disability. The impairment must substantially limit 1 or more than major life activities in social club to be considered a inability under Section 504.

23. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE?

No. A physician'due south medical diagnosis may be considered amidst other sources in evaluating a student with an impairment or believed to have an harm which essentially limits a major life activity. Other sources to exist considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, concrete condition, social and cultural groundwork, and adaptive beliefs.  As noted in FAQ 22, the Department 504 regulations require schoolhouse districts to draw upon a variety of sources in interpreting evaluation data and making placement decisions.

24. Does a medical diagnosis of an illness automatically hateful a pupil can receive services under Section 504?

No. A medical diagnosis of an illness does not automatically mean a pupil can receive services under Department 504. The affliction must crusade a substantial limitation on the educatee'south ability to acquire or some other major life action. For example, a student who has a concrete or mental damage would not exist considered a student in need of services under Section 504 if the damage does not in any way limit the pupil's ability to learn or other major life activity, or only results in some modest limitation in that regard.

25. How should a recipient schoolhouse district handle an outside independent evaluation? Do all data brought to a multi-disciplinary committee need to be considered and given equal weight?

The results of an outside independent evaluation may exist 1 of many sources to consider. Multi-disciplinary committees must draw from a multifariousness of sources in the evaluation procedure so that the possibility of error is minimized. All significant factors related to the subject student's learning process must be considered. These sources and factors include aptitude and achievement tests, instructor recommendations, physical condition, social and cultural background, and adaptive behavior, among others. Information from all sources must exist documented and considered by knowledgeable committee members. The weight of the information is determined by the committee given the student's private circumstances.

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), merely demands a Section 504 plan for a student without further evaluation?

A school district must evaluate a pupil 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 employ due process hearing procedures to seek to override the parents' denial of consent.

27. Who in the evaluation procedure makes the ultimate decision regarding a student'due south eligibility for services under Department 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 instruction and/or related aids and services exist made by a grouping of persons, including persons knowledgeable nearly the significant of the evaluation data and knowledgeable almost the placement options. If a parent disagrees with the determination, he or she may asking a due process hearing.

28. Once a student is identified equally eligible for services under Department 504, is at that place an almanac or triennial review requirement? If then, what is the appropriate process to be used? Or is it appropriate to continue the same Department 504 plan in identify indefinitely later on a pupil has been identified?

Periodic re-evaluation is required. This may exist conducted in accord with the IDEA regulations, which require re-evaluation at three-yr intervals (unless the parent and public bureau concord that re-evaluation is unnecessary) or more than often if conditions warrant, or if the child'south parent or teacher requests a re-evaluation, simply not more than in one case a year (unless the parent and public bureau concur otherwise).

29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should information technology be washed?

Yeah. Section 504 specifies that re-evaluations in accordance with the Thought is one means of compliance with Section 504. The Section 504 regulations crave that re-evaluations be conducted periodically. Section 504 also requires a school commune to conduct a re-evaluation prior to a significant modify of placement. OCR considers an exclusion from the educational program of more than x schoolhouse days a significant change of placement. OCR would also consider transferring a student from one blazon of program to another or terminating or significantly reducing a related service a significant change in placement.

thirty. What is reasonable justification for referring a educatee for evaluation for services under Department 504?

Schoolhouse districts may e'er employ regular educational activity intervention strategies to aid students with difficulties in school. Section 504 requires recipient school districts to refer a educatee for an evaluation for possible special education or related aids and services or modification to regular educational activity if the pupil, considering of disability, needs or is believed to need such services.

31. A student is receiving services that the school district maintains are necessary nether Section 504 in society to provide the educatee with an advisable education. The student's parent no longer wants the pupil to receive those services. If the parent wishes to withdraw the student from a Section 504 plan, what tin can the schoolhouse district do to ensure continuation of services?

The school commune may initiate a Section 504 due process hearing to resolve the dispute if the district believes the pupil needs the services in order to receive an appropriate education.

32. A student has a disability referenced in the IDEA, simply does not crave special pedagogy services. Is such a student eligible for services under Section 504?

The pupil may be eligible for services under Section 504. The school district must make up one's mind whether the student has an impairment which essentially limits his or her ability to learn or some other major life activity and, if then, make an individualized determination of the child's educational needs for regular or special didactics or related aids or services. For example, such a educatee may receive adjustments in the regular classroom.

33. How should a recipient school district view a temporary impairment?

A temporary harm does not constitute a inability for purposes of Section 504 unless its severity is such that information technology results in a substantial limitation of ane or more major life activities for an extended menses of time. The issue of whether a temporary impairment is substantial enough to be a disability must exist resolved on a case-by-case footing, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it really limits a major life activity of the affected individual.

In the Amendments Human action (come across FAQ 1), Congress clarified that an individual is non "regarded as" an private with a disability if the impairment is transitory and minor.  A transitory impairment is an impairment with an actual or expected elapsing of 6 months or less.

34.  Is an impairment that is episodic or in remission a disability nether Department 504?

Yeah, under certain circumstances.  In the Amendments Act (see FAQ i), Congress clarified that an damage that is episodic or in remission is a inability if it would substantially limit a major life action when active.  A student with such an impairment is entitled to a free appropriate public education under Department 504.

PLACEMENT

Once a student is identified every bit existence eligible for regular or special educational activity and related aids or services, a decision must be made regarding the blazon of services the student needs.

35. If a student is eligible for services under both the IDEA and Section 504, must a school district develop both an individualized didactics plan (IEP) under the IDEA and a Department 504 program under Section 504?

No. If a student is eligible nether IDEA, he or she must have an IEP. Under the Section 504 regulations, i way to see Department 504 requirements for a free appropriate public pedagogy is to implement an IEP.

36. Must a schoolhouse district develop a Section 504 plan for a student who either "has a tape of disability" or is "regarded as disabled"?

No. In public elementary and secondary schools, unless a student really has an impairment that substantially limits a major life action, the mere fact that a student has a "record of" or is "regarded as" disabled is bereft, in itself, to trigger those Department 504 protections that crave the provision of a free appropriate public education (FAPE). This is consequent with the Amendments Act (see FAQ 1), in which Congress antiseptic that an individual who meets the definition of disability solely by virtue of existence "regarded every bit" disabled is non entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures.  The phrases "has a record of disability" and "is regarded as disabled" are meant to reach the situation in which a student either does not currently have or never had a disability, but is treated by others every bit such.

Every bit noted in FAQ 34, in the Amendments Act (run across FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and modest.  A transitory impairment is an harm with an bodily or expected duration of six months or less.

37. What is the receiving schoolhouse commune'south responsibility under Department 504 toward a pupil with a Section 504 plan who transfers from another district?

If a student with a disability transfers to a district from another school district with a Section 504 program, the receiving district should review the programme and supporting documentation. If a group of persons at the receiving schoolhouse district, including persons knowledgeable about the meaning of the evaluation data and knowledgeable near the placement options determines that the plan is appropriate, the commune is required to implement the program. If the district determines that the plan is inappropriate, the district is to evaluate the pupil consistent with the Section 504 procedures at 34 C.F.R. 104.35 and determine which educational program is appropriate for the educatee.  There is no Section 504 bar to the receiving schoolhouse commune honoring the previous IEP during the interim menstruum.  Information about IDEA requirements when a student transfers is bachelor from the Office of Special Pedagogy and Rehabilitative Services at http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

40. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the commune fails to implement the plans?

Regular education teachers must implement the provisions of Department 504 plans when those plans govern the teachers' treatment of students for whom they are responsible. If the teachers fail to implement the plans, such failure can cause the schoolhouse commune to be in noncompliance with Department 504.

41. What is the divergence betwixt a regular education intervention program and a Section 504 plan?

A regular education intervention plan is advisable for a student who does not accept a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they accost performance problems of regular education students. Some districts employ teams at private schools, unremarkably referred to as "building teams." These teams are designed to provide regular didactics classroom teachers with instructional support and strategies for helping students in need of assist. These teams are typically composed of regular and special education teachers who provide ideas to classroom teachers on methods for helping students experiencing academic or behavioral problems. The team normally records its ideas in a written regular education intervention plan. The team meets with an affected educatee's classroom teacher(south) and recommends strategies to address the educatee's problems within the regular education environment. The team so follows the responsible teacher(s) to decide whether the educatee's operation or beliefs has improved. In improver to building teams, districts may utilize other regular education intervention methods, including before-schoolhouse and afterward-school programs, tutoring programs, and mentoring programs.

PROCEDURAL SAFEGUARDS

Public elementary and secondary schools must utilise procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services.

42. Must a recipient schoolhouse district obtain parental consent prior to conducting an initial  evaluation?

Yeah. OCR has interpreted Section 504 to crave districts to obtain parental permission for initial evaluations. If a district suspects a student needs or is believed to need special instruction or related services and parental consent is withheld, the IDEA and Section 504 provide that districts may utilise due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.

43. If and then, in what form is consent required?

Section 504 is silent on the form of parental consent required. OCR has accepted written consent as compliance. Thought every bit well equally many country laws also require written consent prior to initiating an evaluation.

44. What can a recipient school commune do if a parent withholds consent for a student to secure services under Section 504 afterward a student is determined eligible for services?

Section 504 neither prohibits nor requires a schoolhouse district to initiate a due procedure hearing to override a parental refusal to consent with respect to the initial provision of special education and related services. Withal, schoolhouse districts should consider that Thought no longer permits schoolhouse districts to initiate a due process hearing to override a parental refusal to consent to the initial provision of services.

45. What procedural safeguards are required under Section 504?

Recipient school districts are required to constitute and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation past counsel and a review procedure.

46. What is a recipient schoolhouse district'southward responsibility under Section 504 to provide information to parents and students almost its evaluation and placement procedure?

Department 504 requires districts to provide detect to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.

47. Is there a mediation requirement under Section 504?

No.

TERMINOLOGY

The post-obit terms may exist confusing and/or are frequently used incorrectly in the elementary and secondary school context.

Equal access : equal opportunity of a qualified person with a disability to participate in or benefit from educational aid, benefits, or services

Free advisable public educational activity (FAPE) : a term used in the unproblematic and secondary school context; for purposes of Department 504, refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities equally fairly as the needs of students without disabilities are met and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards

Placement : a term used in the elementary and secondary schoolhouse context; refers to regular and/or special educational plan in which a student receives educational and/or related services

Reasonable accommodation : a term used in the employment context to refer to modifications or adjustments employers make to a job application procedure, the piece of work environment, the manner or circumstances under which the position held or desired is customarily performed, or that enable a covered entity's employee with a disability to savor equal benefits and privileges of employment; this term is sometimes used incorrectly to refer to related aids and services in the uncomplicated and secondary school context or to refer to academic adjustments, reasonable modifications, and auxiliary aids and services in the postsecondary school context

Reasonable modifications : nether a regulatory provision implementing Title II of the ADA, public entities are required to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid bigotry on the basis of inability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, plan, or activity

Related services : a term used in the elementary and secondary schoolhouse context to refer to developmental, cosmetic, and other supportive services, including psychological, counseling and medical diagnostic services and transportation

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Source: https://www2.ed.gov/about/offices/list/ocr/504faq.html

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