Admin

Services/Accommodations

SERVICES AND/OR ACCOMMODATIONS UNDER SECTION 504

 

Once the 504 team determines that a student has a disability under Section 504, the 504 team, at the 504 meeting, shall develop an individual plan of accommodation and/or services (“the 504 plan”).  

The 504 plan must be individualized to the student, based on the student’s needs, and without any presumptions or stereotypes as to any disability.  Students with disabilities under Section 504 must be educated with students without disabilities to the maximum extent appropriate to the needs of the student with a disability.

All aspects of the 504 plan shall be in writing, shall be provided to the parents, and shall be provided to all staff members responsible for the implementation of the 504 plan. The 504 plan shall be clear, specific and detailed, so that all who read it understand it.  Establish when, where and under what circumstances the student may require the services or accommodations set forth in the 504 plan.  The accommodations and services set forth in the 504 plan must be related to the student’s determined 504 disability.

A case manager will be assigned for each student determined to be a student with a disability under Section 504. The building principal and that case manager will be responsible for ensuring the implementation of the 504 Plan.

There may be circumstances under which the 504 team determines that the student is a student with a disability under 504 but, due to the impairment being episodic or in remission, or due to mitigating measures, the student will not require services and accommodations.  In that event, the 504 will record the reason for this decision in the summary of its meeting.  Under those circumstances, the student will be eligible under Section 504, but does not require accommodations or services on a daily or regular basis, but requires a plan in the event that the disability becomes active or the mitigating measures become ineffective. The student will remain entitled to the protection of Section 504 for purpose of discrimination. In addition, the school should make sure that there is a way of monitoring the student so that if there is a change, the 504 team can be reconvened.

An example of a student who may be eligible as a student with a disability under Section 504 but who does not require services or accommodations would be a student with ADHD who is taking medication that adequately treats the student’s ADHD.  In the student’s  “unmitigated state”, (that is, without the medication), the student’s physical or mental impairment substantially limits one or more major life activities, and therefore, the student is eligible under Section 504.  However, due to the effects of the medication, the student does not require any special education, services or accommodations.  This student, however, is protected against discrimination under the statute.