What Does 504 Services For The Current Year Mean

Frequently Asked Questions About Section 504 and the Education of Children with Disabilities

This document is a revised version of a certificate originally developed by the Chicago Office of the Role for Civil Rights (OCR) in the U.S. Department of Instruction (ED) to clarify the requirements of Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the area of public elementary and secondary education. The master purpose of these revisions is to comprise data nearly the Americans with Disabilities Act Amendments Act of 2008 (Amendments Deed), constructive January ane, 2009, which amended the Americans with Disabilities Deed of 1990 (ADA) and included a conforming subpoena to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504. The Amendments Act broadens the estimation of disability. The Amendments Act does not crave ED to amend its Department 504 regulations. ED's Department 504 regulations as currently written are valid and OCR is enforcing them consistent with the Amendments Act. In addition, OCR is currently evaluating the impact of the Amendments Act on OCR's enforcement responsibilities nether Section 504 and Title Two of the ADA, including whether whatsoever changes in regulations, guidance, or other publications are appropriate. The revisions to this Oft Asked Questions certificate do non address the effects, if whatsoever, on Department 504 and Title Two of the amendments to the regulations implementing the Individuals with Disabilities Instruction Human activity (Thought) that were published in the Federal Annals at 73 Fed. Reg. 73006 (December 1, 2008).

INTRODUCTION

An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the ground of inability against students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary didactics involving Section 504 of the Rehabilitation Act of 1973, equally amended, 29 U.South.C. § 794 (Department 504). Nearly of these concern identification of students who are protected by Section 504 and the ways to obtain an advisable teaching for such students.

Section 504 is a federal constabulary designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.Southward. Section of Didactics (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or exist subjected to discrimination nether any program or action receiving Federal financial assistance . . . ."

OCR enforces Section 504 in programs and activities that receive Federal financial assist from ED. Recipients of this Federal financial help include public school districts, institutions of higher education, and other state and local educational activity agencies. The regulations implementing Department 504 in the context of educational institutions appear at 34 C.F.R. Role 104.

The Section 504 regulations require a school commune to provide a "free appropriate public education" (FAPE) to each qualified student with a inability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Nether Section 504, FAPE consists of the provision of regular or special didactics and related aids and services designed to see the pupil's private educational needs as adequately as the needs of nondisabled students are met.

This resource document clarifies pertinent requirements of Department 504.

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

INTERRELATIONSHIP OF IDEA AND SECTION 504

1. What is the jurisdiction of the Office for Civil Rights (OCR), the Role of Special Education and Rehabilitative Services (OSERS) and land departments of education/pedagogy regarding educational services to students with disabilities?

OCR, a component of the U.S. Department of Teaching, enforces Department 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against individuals with disabilities. OCR also enforces Championship Ii of the Americans with Disabilities Human activity of 1990 (Title Ii), which extends this prohibition against discrimination to the full range of state and local authorities services, programs, and activities (including public schools) regardless of whether they receive whatever Federal fiscal assistance. The Americans with Disabilities Act Amendments Human activity of 2008 (Amendments Act), effective January 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Deed of 1973 (Rehabilitation Act) that affects the meaning of inability in Section 504. The standards adopted by the ADA were designed not to restrict the rights or remedies available nether Section 504. The Title 2 regulations applicable to complimentary appropriate public teaching problems do not provide greater protection than applicative Section 504 regulations. This guidance focuses primarily on Section 504.

Department 504 prohibits discrimination on the footing of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Didactics. Title 2 prohibits discrimination on the basis of disability by state and local governments. The Office of Special Education and Rehabilitative Services (OSERS), as well a component of the U.S. Department of Teaching, administers the Individuals with Disabilities Education Deed (IDEA), a statute which funds special pedagogy programs. Each state educational agency is responsible for administering Thought inside 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. Department 504 and the ADA are antidiscrimination laws and do non provide any type of funding.

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

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

3. Where can a school commune, parent, or student get information on Section 504 or notice out information about OCR's interpretation of Section 504 and Title Ii?

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

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

Section 504 requires recipients to provide to students with disabilities advisable educational services designed to meet the individual needs of such students to the same extent equally the needs of students without disabilities are met. An appropriate education for a pupil with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special didactics 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 individual placement or other educational decisions and then long equally 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. Appropriately, OCR generally will not evaluate the content of a Department 504 plan or of an individualized education program (IEP); rather, whatever disagreement can be resolved through a due procedure hearing. The hearing would be conducted nether Section 504 or the Idea, whichever is applicative.

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

half dozen. 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 past Section 504.

vii. Does OCR mediate complaints?

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

8. What does noncompliance with Section 504 mean?

A school district 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 agreement. If OCR is unable to reach voluntary compliance, OCR will initiate enforcement activeness. OCR may: (i) initiate administrative proceedings to terminate Department of Teaching financial assistance to the recipient; or (2) refer the case to the Section of Justice for judicial proceedings.

ten. Who has ultimate dominance to enforce Department 504?

In the educational context, OCR has been given administrative dominance to enforce Section 504. Section 504 is a Federal statute that may be enforced through the Department's administrative process or through the Federal court system. In addition, a person may at whatsoever time file a individual lawsuit against a school commune. The Section 504 regulations do non incorporate a requirement that a person file a complaint with OCR and exhaust his or her administrative remedies earlier filing a individual lawsuit.

STUDENTS PROTECTED Nether SECTION 504

Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To exist protected nether Section 504, a student must be adamant to: (i) accept a physical or mental impairment that essentially limits one or more major life activities; or (2) take a record of such an damage; or (3) exist regarded as having such an impairment. Section 504 requires that schoolhouse districts provide a gratis advisable public instruction (FAPE) to qualified students in their jurisdictions who accept a physical or mental impairment that essentially limits 1 or more major life activities.

11. What is a concrete or mental harm that substantially limits a major life activity?

The determination of whether a student has a concrete or mental damage that substantially limits a major life activity must be made on the footing of an individual research. The Section 504 regulatory provision at 34 C.F.R. 104.three(j)(2)(i) defines a physical or mental impairment as whatsoever physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or whatever mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does non set forth an exhaustive listing of specific diseases and conditions that may institute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a listing.

Major life activities, as divers in the Section 504 regulations at 34 C.F.R. 104.iii(j)(2)(two), 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 (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, continuing, lifting, angle, reading, concentrating, thinking, and communicating. Congress besides provided a non-exhaustive listing of examples of "major bodily functions" that are major life activities, such equally the functions of the immune organisation, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not equally comprehensive as the Amendments Deed, is still valid – the Section 504 regulatory provision's list of examples of major life activities is non exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision tin can nonetheless be a major life activity.

12. Does the significant of the phrase "qualified student with a inability" differ on the basis of a student's educational level, i.due east., simple and secondary versus postsecondary?

Yes. At the elementary and secondary educational level, a "qualified student with a disability" is a educatee 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 land constabulary to provide uncomplicated and secondary educational services to students with disabilities; or a student to whom a land is required to provide a free appropriate public teaching under the Individuals with Disabilities Education Act (IDEA).

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

xiii. Does the nature of services to which a student is entitled under Section 504 differ by educational level?

Aye. Public elementary and secondary recipients are required to provide a free appropriate public educational activity to qualified students with disabilities. Such an instruction consists of regular or special instruction and related aids and services designed to meet the individual educational needs of students with disabilities as fairly as 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 beget an individual with a disability an equal opportunity to participate in a school's plan. Recipients are not required to brand adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden.

xiv. Once a pupil is identified as eligible for services under Section 504, is that pupil always entitled to such services?

Yep, equally long as the student remains eligible. The protections of Section 504 extend simply to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a pupil in accord with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or concrete damage no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services nether Section 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 inability, and from Section 504 protection, any student who is currently engaging in the illegal employ of drugs when a covered entity acts on the basis of such use. (In that location are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal utilise of drugs).

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

No. Department 504's definition of a student with a disability does not exclude users of alcohol. Nevertheless, Section 504 allows schools to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities.

EVALUATION

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

17. What is an appropriate evaluation under Section 504?

Recipient school districts must constitute standards and procedures for initial evaluations and periodic re-evaluations of students who demand or are believed to need special teaching and/or related services because of inability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districts to individually evaluate a student earlier classifying the student as having a inability or providing the student with special education. Tests used for this purpose must be selected and administered and so as best to ensure that the test results accurately reverberate the educatee'south aptitude or achievement or other factor being measured rather than reflect the educatee'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 not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel.

18. How much is enough information to certificate that a student has a disability?

At the simple and secondary education level, the corporeality of information required is determined by the multi-disciplinary commission gathered to evaluate the student. The committee should include persons knowledgeable nigh the student, the pregnant of the evaluation data, and the placement options. The commission members must determine if they have enough information to make a knowledgeable decision equally to whether or not the student has a disability. The Department 504 regulatory provision at 34 C.F.R. 104.35(c) requires that schoolhouse districts draw from a multifariousness of sources in the evaluation process and so 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'southward learning process must be considered. These sources and factors may include bent and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, information technology 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 nether Section 504.

19. What procedure should a school district use to identify students eligible for services under Department 504? Is it the same process as that employed in identifying students eligible for services nether the Idea?

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

20. May school districts consider "mitigating measures" used past a student in determining whether the student has a disability under Section 504?

No. As of January ane, 2009, schoolhouse districts, in determining whether a student has a physical or mental impairment that essentially limits that student in a major life activity, must non consider the ameliorating effects of whatsoever mitigating measures that student is using. This is a modify from prior law. Before January i, 2009, schoolhouse districts had to consider a student's apply of mitigating measures in determining whether that student had a concrete or mental impairment that substantially limited that student in a major life activity. In the Amendments Act (see FAQ 1), all the same, 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" just 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; use of assistive engineering; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.

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

21. Does OCR endorse a unmarried formula or scale that measures substantial limitation?

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

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 inability. The impairment must substantially limit one or more major life activities in order to exist considered a disability under Department 504.

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

No. A doc's medical diagnosis may be considered among other sources in evaluating a student with an harm or believed to have an damage which substantially limits a major life activity. Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. Equally noted in FAQ 22, the Section 504 regulations crave schoolhouse districts to draw upon a variety of sources in interpreting evaluation information and making placement decisions.

24. Does a medical diagnosis of an affliction automatically hateful a student can receive services under Department 504?

No. A medical diagnosis of an illness does not automatically mean a pupil can receive services under Section 504. The illness must cause a substantial limitation on the student'due south ability to learn or some other major life activity. For instance, a student who has a physical or mental impairment would non be considered a student in need of services under Department 504 if the impairment does not in any way limit the student's ability to learn or other major life activity, or merely results in some minor limitation in that regard.

25. How should a recipient school district handle an outside contained evaluation? Practice all data brought to a multi-disciplinary committee demand to be considered and given equal weight?

The results of an outside contained evaluation may be one of many sources to consider. Multi-disciplinary committees must draw from a variety of sources in the evaluation procedure so that the possibility of error is minimized. All significant factors related to the subject educatee's learning process must exist considered. These sources and factors include aptitude and achievement tests, teacher recommendations, concrete 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 commission given the student's individual circumstances.

26. What should a recipient school district practise if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Deed (IDEA), simply demands a Section 504 plan for a student without farther evaluation?

A school district must evaluate a student prior to providing services under Department 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 pupil has a disability, the IDEA and Department 504 provide that school districts may utilize due procedure hearing procedures to seek to override the parents' denial of consent.

27. Who in the evaluation process makes the ultimate decision regarding a pupil'south eligibility for services under Section 504?

The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (three) requires that school districts ensure that the determination that a student is eligible for special education and/or related aids and services exist made past a group of persons, including persons knowledgeable near the significant of the evaluation information and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.

28. Once a educatee is identified as eligible for services under Section 504, is in that location an almanac or triennial review requirement? If and then, what is the appropriate process to exist used? Or is information technology appropriate to keep the same Section 504 programme in identify indefinitely after a student has been identified?

Periodic re-evaluation is required. This may be conducted in accordance with the Idea regulations, which crave re-evaluation at three-year intervals (unless the parent and public agency agree that re-evaluation is unnecessary) or more frequently if atmospheric condition warrant, or if the child'south parent or teacher requests a re-evaluation, but non more once a twelvemonth (unless the parent and public agency concur otherwise).

29. Is a Section 504 re-evaluation like to an IDEA re-evaluation? How often should it be done?

Yes. Section 504 specifies that re-evaluations in accordance with the Thought is one ways of compliance with Department 504. The Section 504 regulations crave that re-evaluations exist conducted periodically. Section 504 too requires a school district to bear a re-evaluation prior to a significant change of placement. OCR considers an exclusion from the educational program of more than 10 schoolhouse days a significant change of placement. OCR would also consider transferring a student from ane blazon of program to some other or terminating or significantly reducing a related service a meaning change in placement.

30. What is reasonable justification for referring a student for evaluation for services under Section 504?

School districts may always employ regular education intervention strategies to help students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special instruction or related aids and services or modification to regular education if the educatee, because of disability, needs or is believed to need such services.

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

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

32. A pupil has a disability referenced in the IDEA, but does non require special instruction 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 determine whether the educatee has an impairment which substantially limits his or her ability to learn or some other major life activity and, if so, make an individualized determination of the kid'south educational needs for regular or special instruction or related aids or services. For example, such a student may receive adjustments in the regular classroom.

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

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

In the Amendments Human action (run across FAQ ane), Congress clarified that an private is not "regarded every bit" an private with a disability if the harm is transitory and small-scale. A transitory harm is an impairment with an bodily or expected duration of 6 months or less.

34. Is an impairment that is episodic or in remission a disability under Section 504?

Yes, nether sure circumstances. In the Amendments Human action (run across FAQ 1), Congress clarified that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. A pupil with such an impairment is entitled to a free appropriate public educational activity under Section 504.

PLACEMENT

Once a educatee is identified as beingness eligible for regular or special education and related aids or services, a conclusion must be fabricated regarding the type of services the educatee needs.

35. If a student is eligible for services under both the Thought and Section 504, must a school district develop both an individualized teaching programme (IEP) under the Thought and a Section 504 programme under Section 504?

No. If a student is eligible under Thought, he or she must take an IEP. Under the Department 504 regulations, ane way to meet Department 504 requirements for a free appropriate public education is to implement an IEP.

36. Must a school district develop a Department 504 plan for a pupil who either "has a tape of disability" or is "regarded every bit disabled"?

No. In public uncomplicated and secondary schools, unless a student actually has an harm 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 Department 504 protections that crave the provision of a free appropriate public education (FAPE). This is consistent with the Amendments Human action (see FAQ 1), in which Congress antiseptic that an private who meets the definition of disability solely by virtue of existence "regarded as" disabled is not entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures. The phrases "has a tape 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 as such.

As noted in FAQ 34, in the Amendments Act (see FAQ one), Congress antiseptic that an individual is not "regarded every bit" an private with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an bodily or expected elapsing of 6 months or less.

37. What is the receiving school commune's responsibility under Section 504 toward a student with a Section 504 programme who transfers from another commune?

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

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

Regular didactics teachers must implement the provisions of Section 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 school district to be in noncompliance with Section 504.

41. What is the divergence between a regular instruction intervention plan and a Section 504 program?

A regular educational activity intervention plan is appropriate for a student who does non accept a disability or is not suspected of having a inability but may be facing challenges in school. School districts vary in how they address performance problems of regular teaching students. Some districts utilize teams at individual schools, commonly referred to every bit "building teams." These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping students in need of assistance. These teams are typically equanimous of regular and special didactics teachers who provide ideas to classroom teachers on methods for helping students experiencing academic or behavioral problems. The squad unremarkably records its ideas in a written regular education intervention program. The team meets with an affected educatee'south classroom teacher(s) and recommends strategies to address the pupil's problems within the regular didactics environment. The team then follows the responsible teacher(due south) to determine whether the student's performance or beliefs has improved. In add-on to building teams, districts may utilize other regular education intervention methods, including before-school and after-school programs, tutoring programs, and mentoring programs.

PROCEDURAL SAFEGUARDS

Public unproblematic and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of inability, need or are believed to demand special teaching or related services.

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

Yes. OCR has interpreted Section 504 to require 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 Thought and Section 504 provide that districts may use due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.

43. If so, 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 besides as many land 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 after a student is determined eligible for services?

Section 504 neither prohibits nor requires a school commune to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special didactics and related services. Even so, school districts should consider that Idea 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 establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the educatee's parents or guardian, representation by counsel and a review procedure.

46. What is a recipient school district'due south responsibility under Department 504 to provide data to parents and students about its evaluation and placement process?

Section 504 requires districts to provide observe to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' correct to review educational records and appeal whatever conclusion regarding evaluation and placement through an impartial hearing.

47. Is there a arbitration requirement under Section 504?

No.

TERMINOLOGY

The following terms may be confusing and/or are oftentimes used incorrectly in the elementary and secondary schoolhouse context.

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

Free appropriate public instruction (FAPE) : a term used in the unproblematic and secondary school context; for purposes of Section 504, refers to the provision of regular or special education and related aids and services that are designed to see individual educational needs of students with disabilities as adequately 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 simple and secondary schoolhouse context; refers to regular and/or special educational program in which a educatee 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 chore awarding process, the 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 enjoy equal benefits and privileges of employment; this term is sometimes used incorrectly to refer to related aids and services in the elementary and secondary school context or to refer to academic adjustments, reasonable modifications, and auxiliary aids and services in the postsecondary school context

Reasonable modifications : under a regulatory provision implementing Title Two 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 disability, unless the public entity can demonstrate that making the modifications would fundamentally change the nature of the service, program, or action

Related services : a term used in the simple and secondary school context to refer to developmental, corrective, and other supportive services, including psychological, counseling and medical diagnostic services and transportation