Q:  Does a physician’s diagnosis of ADD/ADHD automatically result in a student being eligible for Section 504?  

A:  No.  A physician’s diagnosis should be considered as one piece of information when evaluating the student.  However, a physician’s diagnosis alone does not automatically result in eligibility for Section 504.

 Q:  Does a medical diagnosis automatically mean a student can receive services under Section 504?

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

Q:  Are there any impairments that automatically mean that a student has a disability under Section 504?

A:  No.  An impairment in and of itself is not a disability.  The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.

Q:  Who in the evaluation process makes the ultimate decision regarding a student’s eligibility for services under Section 504?

A:  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 be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options.  If a parent disagrees with the determination, he or she may request a due process hearing.  While parents are not required members of Section 504 committees, their input is appreciated.

Q:  Who is disabled under Section 504?

A:  An eligible Section 504 student is one with 

1. a physical or mental impairment

2. that substantially limits learning or another major life activity

The major life activities that were previously provided as examples were breathing, walking, seeing, hearing, learning, etc.  Through the ADA Amendment Act, Congress has provided examples of additional major life activities including major bodily functions (immune system, normal cell growth), as well as sleeping, standing, lifting, bending, reading, concentrating, thinking and communicating.   The major life activities in Section 504 regulations have always meant to be examples and not an exclusive or exhaustive listing.  

Q:  What is meant by the phrase “Substantial Limitation”?

A:  The Office of Civil Rights (OCR) has ruled that the phrase is to be defined by the local educational agency, not OCR.  Schools can receive some guidance from the definition in the implementing regulations to the Americans with Disabilities Act (ADA).  For Section 504 compliance purposes, Districts are not required to use the definitions provided in the ADA, but may certainly look to them for guidance.

Q:  What is an “evaluation” under Section 504?

A:  An evaluation under Section 504 is the collecting, gathering, and interpreting of data from a variety of sources about the student's educational functioning. Data can include aptitude and achievement tests, teacher recommendations, physical and health information, adaptive behavior data, discipline information, parent input, privately-obtained data, prior IDEA evaluations, grade and progress reports, and any other relevant information.

Q:  Can a student be disabled but not qualify under Section 504?

A:  Yes.  Since some disabled students may not be substantially limited in learning or another major life activity by their disability, not all students with disabilities will necessarily be eligible for Section 504 protections. If a student with disabilities is able to function adequately in the school setting, they may not be substantially limited, and thus, not eligible under Section 504.

Q:  What does placement mean in Section 504 context?

A:  In the Section 504 context, “placement" simply means the regular education classroom with individually planned accommodations. It does not literally mean taking the child out of the regular classroom and putting him someplace else. Students served under Section 504 will most likely not demand high levels of accommodation or separate classes.

Q:  How often will my child be re-evaluated?

A:  While there are no specific timelines regarding this issue, students must be re-evaluated at least every three years or whenever there is going to be a “significant change in placement” that would require an MDR.  The accommodation plan may be revised during the school year if necessary.

Q:  Once eligible for Section 504, will my child always be eligible?

A:  Not necessarily.  Eligibility must be re-established at every meeting.  In some situations, children no longer are eligible for Section 504 because an injury or illness has been cured.  In other cases, a student will learn to compensate for difficulties due to an impairment and no longer meet eligibility requirements.  Keeping in mind our goal of serving all students in their least restrictive environment, this change in eligibility should be looked at positively.

Q: How is 504 different than an Individualized Education Plan (IEP) through special education?

A: Both plans provide for accommodations but only an IEP provides for specialized instruction for students in K-12, while a 504 plan can serve students at both K-12 and college levels.

Q:  My child has a very high IQ but only earns average grades.  Isn’t that a sign of a disability?

A:  If you think your child has a learning disability, remember that the Section 504 committee would compare your child’s ability to learn in relation to the average student, not to your child’s own potential.  In this case, it sounds like your child would not be eligible under Section 504 unless there is a different major life activity being impaired.

Q:  Who decides if a student qualifies for services under Section 504:

A:  According to federal regulations: “...placement decisions are to be made by a group of persons who are knowledgeable about the child, the meaning of the evaluation data and placement options” {104.35(c)(3)].  In Celina ISD, best practice dictates that parents receive notice of and are encouraged to attend and participate in Section 504 meeting, however, unlike Special Education, federal regulations for Section 504 do not require parents to be a part of the decision-making committee.  Parents are encouraged to provide any information that would be helpful to the committee in their determination of services that the child may need.  Committees are expected to make appropriate educational decisions in order that the student receives an appropriate education.

Q:  What information is considered in a Section 504 evaluation?

A:  Under Section 504, no formalized testing is required and no single source of data will be the only information considered.  The committee will look at a variety of sources of data.  Examples of data that can be considered are grades over the past several years, teacher reports, information from parents, testing scores, observations, discipline records, attendance records, health records, and adaptive behavior information.  

Q:  What types of accommodations will my child receive if determined eligible under Section 504?

A:  The determination of what is appropriate for each child is based upon the nature of the disabling condition and the individual needs of the student in order to meet the education needs of the student with a disability as adequately as it meets the needs of his/her non-disabled peers.

Q:  Can my child receive accommodations in advanced classes?

A:  Students with disabilities are allowed the same opportunity to participate in advanced classes as their non-disabled peers.  In order to receive an accommodation in an advanced class, the student must be eligible to receive the accommodation in a regular (on-level) class.  For example, if the student needs the use of a computer in a regular class setting, the student would also be allowed to use a computer in an advanced class.  Conversely, if a student does not need additional time to complete tests in a regular class, the student could not receive extended time for tests in the advanced class.  One other factor to be considered when determining appropriate accommodations is the unique nature of advanced classes.  If the accommodation would change the nature of the advanced class, it would not be an allowable accommodation.  Reduced assignments would be an example of an alteration of content.

Q:  Can my child be disciplined if he/she is served under Section 504?

A:  Under Section 504 students are still expected to follow the district’s student code of conduct.  However, when disciplining a student under Section 504, schools must consider the relationship between the disability and the misbehavior if the student is to be removed from the regular setting for longer than 10 days. In this case, a Section 504 committee must determine whether the student’s conduct is a manifestation of, or caused by, the identified disability.  This is referred to as an MDR.  If the conduct is not a manifestation, the student will receive the same discipline that a non-disabled student would receive.  In cases where the student is under the influence of drugs or alcohol at school, the student is not entitled to this manifestation determination.

Q:  Will my child automatically receive accommodations on college entrance exams?

A:  Not necessarily.  You must apply through the organization that provided the testing well in advance of registration deadlines.  The school counselor can assist you and your child, but you must initiate the process.  In addition, testing organizations have very strict requirements regarding the diagnosis of the disability.  It is not uncommon for the documentation that is required by the school for Section 504 eligibility to be different from the documentation that the testing organization requires.  The school district is not required to pay for or provide this testing unless it is necessary in order to provide services in the classroom.  Therefore, you may be required to obtain additional testing at your own expense.  For specific information on the process and requirements, visit www.collegeboard.org and/or www.act.org.

Q: Does a 504 plan affect college?

A: Section 504 of the Rehabilitation Act of 1973 still protects students from discrimination when they get to college. However, they won't get a 504 plan like they had in high school. You will need to contact your college for more information.

Q:  Will my child automatically receive accommodations in college?

A:  Not necessarily.  Although most colleges must comply with Section 504 and the Americans with Disabilities Act (ADA), there are several differences in eligibility and services that a student may receive.  It is important to be aware that the bulk of responsibility is on the student at the college level, so self advocacy is an important skill for your child to learn before he-she leaves high school.  Attending his/her 504 settings while in high school is a good way to learn that skill.  One difference is in what is called child find”.  Public schools are required to locate and identify students who have disabilities.  In contrast, at the college level, students with disabilities are required to approach the college to request accommodations.  In addition, any testing required to substantiate the disability must be provided by the student at the student's expense  After receiving notification of disability, the college reviews any information provided and determines what accommodations the student will receive.  Accommodations are usually less extensive than those on a high school Section 504 plan.  Typical accommodations found at a college are the opportunity to register early, maintain a reduced course load, or time extensions on tests.  It would be rare to receive accommodation such as time extensions on assignments, no penalty for spelling errors, or notification of missing assignments.  Early in the college application process, it is important to investigate each college your child is interested in attending due to the differences in the processes to obtain accommodations and available services among colleges.