The
physical or mental impairment must substantially
limit one or more major life activities. Major life activities
are defined as those functions such as caring for one’s self, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning, or working.
Are
all disabled students eligible?
An
evaluation by the Section 504 team may determine that a student with a disability
may be ineligible if his or her disability does not significantly impact a major
life activity. See how eligibility
is determined and testing requirements.
New statutory language added in 1990 clearly states that a student,
currently using illegal drugs, is not eligible for Section 504 services and protections.
Can
a School District deny services?
Yes;
however, the district should clearly document the procedure used to conclude that
the student was ineligible for Section 504 services.How
is Section 504 funded?
It
is the responsibility of the general education program to ensure compliance and
funding. No federal funding is provided.
Should
parents participate in the evaluation process?
Although
the Section 504 regulations do not specify the degree of parent participation,
it is best practice to include the parent. The parent can provide valuable information regarding health
and social history, strategies that have been successful, techniques that have
failed, and services that have been provided. Efforts should be made to schedule the meeting at a time when
the parent can attend.
Must
teachers and other school staff comply with the 504 Plan?
Yes.
The 504 Plan is developed to provide those accommodations the student with
a disability needs in order to access the curriculum and other school activities. Although often unintentional, failure to implement the
agreed upon plan may result in the parent filing a discrimination complaint.
School staff should be provided training in order to understand the importance
of Section 504 and their obligation to ensure compliance with this law.
It
is important that teachers be involved in developing the 504
plan. They should provide input regarding the curriculum
rigor and requirements and suggest necessary accommodations. It
is equally important that the 504 Plan be easily implemented and communicated
to all school staff involved with the student.
Can
Section 504 students be disciplined?
Students
covered by Section 504 are expected to conform to the same behavior standards
as their non-disabled peers, unless explicitly outlined in their 504 Plan.
They have, however, extra protections when facing serious discipline, such
as expulsion. Prior to expelling
a student, the 504 Team should conduct an evaluation (manifestation determination)
to determine if the incident was related to the student’s disability.
If the 504 Team determines that the incident was not related to the disability,
the school may discipline the student as they would any other student. Students
currently using drugs or alcohol are exempt from Section 504 protections.
Must
all of the buildings be accessible?
Section
504 requires districts to ensure that programs and activities are accessible to
persons with disabilities (students, parents, and community members).
This includes not only classrooms but special-use rooms (i.e., computer
or science labs), parking lots, walkways, playgrounds, rest room facilities, auditoriums,
multi-use rooms, cafeterias, gymnasiums, swimming pools, and water fountains. For information on accessibility guidelines, refer to: Website
URL
http://www.access-board.gov/adaag/html/adaag.htm.
Must
a district modify all buildings?
A
district is not required to make structural changes to an existing building if
accessibility can be achieved in other ways. The ADA mandates, however, that any new construction as well
as alterations to existing facilities must be designed and constructed as to be
“readily accessible and useable.” Again, the intent of the law is to ensure that
individuals with disabilities are able to access school services, regardless of
their disability.
Must
a district provide services to students enrolled in private schools?
The district must provide a free, appropriate public
education to all students with disabilities protected by Section 504. If the district has offered a free, appropriate public education,
it is not obligated to provide services to those students who enrolled in private
schools based on parental choice.
Are
there requirements for school staff dispensing medication?
Some
students’ disabilities require that medication(s) be administered during school
hours. Schools should have policies and procedures in place
regarding medication administration. The Office of Civil
Rights (Culver City Unified School District, 16
EHLR 673) provided guidance and specified four items that should be discussed by the 504
Team: the
purpose of the medication (as indicated in documentation provided by the student’s
doctor);
which
individuals at the school have responsibility for administering the medication;
whether
any staff training for administration of the medication is needed;
the
protocol to be followed in the event of an emergency involving the student and
his medicine.
Best
practices would indicate that these items are clearly documented and communicated
to all school staff involved with the student.
Are
students with temporary disabilities covered by Section 504?
School
districts are required to provide services to students who are temporarily disabled
if the disability significantly impacts a major life activity.
Eligibility should be determined on a case-by-case basis and should include
a determination of the severity of the disability, services needed, and the duration
of the disability and services. School districts must ensure equal access to academic,
extracurricular, and school-sponsored activities to all qualified Section 504
students.
How
are complaints handled?
It
is always best when a complaint is resolved at the local level.
Districts should have a complaint process in place and administrators should
understand the process. Every attempt should be made to
resolve the complaint at the school level. Should a parent not be satisfied with the district’s proposed
resolution, the parent may file a complaint with the Office of Civil Rights. An
OCR complaint must be filed, in writing, within 180 days following the alleged
violation.
What
happens during an OCR investigation?
OCR
does not investigate every complaint it receives. However, once OCR has received
a complaint and found it to be of merit, an investigative process will begin.
OCR will review the complaint and request additional information, if necessary.
An on-site investigation may be conducted. A letter of findings (LOF) will be issued. The
LOF will document the complaint, information gathered during the investigation,
applicable legal standards, and compliance findings. If the district is found
to be out of compliance, OCR will seek voluntary compliance. If unable to resolve
the issue(s) the district may be sanctioned. OCR will be
available to provide technical assistance.
How
should a district respond to an OCR complaint?
The
district’s Section 504 Coordinator should be familiar with OCR’s Case Resolution
Manual http://www.ed.gov/about/offices/list/ocr/docs/ocrcrm.html. An internal investigation should be conducted early on to determine
the district’s position and possible resolutions. In most cases, the district
will want to resolve the complaint quickly and should request an early complaint
resolution.
What
are the consequences of a school or district failing to meet Section 504 obligations?
Should
a district be found out of compliance with Section 504 regulations, a range of
consequences may be imposed. Consequences could include payment of compensatory damages,
punitive damages, tuition reimbursement, attorney fees, and loss of federal funds.
Where
can schools receive technical assistance?
Technical
assistance is available from the Office of Civil Rights. To contact OCR telephone 800-368-1019 (v)
800-537-7697 (TDD).
