Frequently Asked Questions

Section 504 requires that schools identify students with disabilities and remove any barriers to accessing the general ed curriculum. There is no requirement to maximize student performance. It is to "level the playing field" as opposed to giving any advantage and should never change what a student learns, which would be a modification.

On the other hand, accommodations are allowable in accelerated classes if they are based on the student's needs in the general education classroom. In other words, accommodations necessary in the general education classroom should generally be provided in the accelerated classroom unless the accommodation fundamentally or substantially modifies the program or its standards.

A student who wants additional accommodations (beyond those he/she currently receives) in order to tackle the more difficult subject matter, speed, or coverage of the accelerated course would appear to have no entitlement to the expansion of the service plan based on the move to an accelerated class. Therefore, the district has no obligation to provide them.

Under the ADA and Section 504, "an educational institution is not required to make fundamental or substantial modifications to its programs or standards."

A physician may diagnose a condition and make recommendations about the types of support that may be needed. However, it is the responsibility of the Section 504 coordinator to review the recommendations and collect data to determine if the recommendations are making an impact on the individual student. 

The doctor's recommendations are one piece of data reviewed by the committee and can support their decision-making, but it is not a 'prescription' for educational support that MUST be provided.

Service plans are written on a case-by-case basis and tailored for the impaired student's individual needs.

No, not necessarily. According to The Dyslexia Handbook, Revised 2007, not all students with dyslexia are automatically eligible for Section 504 (p 18). Students with dyslexia may be eligible for special education, Section 504, a school plan, or no services at all, depending on the individual needs of the student.

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. If it is a manifestation, the student remains in his or her placement. This meeting 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.

Students with disabilities are allowed the same opportunity to participate in Pre-AP and AP 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 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 Pre-AP or AP class, it would not be allowable in the advanced class. Reduced assignments would be an example of an alteration of content.

No. Low class grades and state test scores may indicate a substantial limitation in the area of learning, but Section 504 covers other major life activities as well. For instance, if a child has a hearing impairment, the Section 504 committee would focus on how the child's hearing is compared to other children of the same age or grade. However, if a learning disability is suspected, the Section 504 committee would focus on how the child's learning is affected. Grades and state test scores are an important reflection of learning, but are still not the only factor considered.

While there are no specific time lines regarding this issue, students must be re-evaluated at least every 3 years or whenever there is going to be a “significant change in placement” that would require an MDR.

In Crosby ISD it is best practice for 504 committees to convene annually to determine continued eligibility and to revise your child’s plan to make sure that it is appropriate based upon individual needs and current schedule. The accommodation plan may be revised during the school year if necessary.

Under Section 504 schools are not required to pay for an outside independent evaluation. If a parent disagrees with the school’s evaluation decision, they may submit a written request to have the decision reviewed by the District 504 Coordinator, request a due process hearing or file a complaint with the Office of Civil Rights. (See the Notice of Rights for Disabled Students and their Parents Under Section 504 of the Rehabilitation Act of 1973).

If you are thinking 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.

Not necessarily. Eligibility must be reestablished 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.

You have the right to:

• Receive notice regarding the identification, evaluation, and/or placement of your child.

• Examine relevant records pertaining to your child.

• File a complaint with the district 504 Coordinator, who will investigate the allegations regarding Section 504 matters other than your child’s identification, evaluation, and placement.

• Request an impartial hearing with respect to the district’s actions regarding the identification, evaluation, or placement of your child, with an opportunity for you to participate in the hearing, to have representation by an attorney at your own expense, and to have a review procedure.

• File a complaint with the appropriate regional Office for Civil Rights. For additional information, contact:

Director
Office for Civil Rights, Region IV
1999 Bryan Street, Suite 1620
Dallas, Texas 75201-6810
(214) 661-9600

First, discuss your concerns with your child’s teacher/s. The teacher will be able to discuss your child's learning and help you determine if they are making appropriate progress or if intervention strategies might be appropriate for your child. If you continue to be concerned about your child’s progress, contact your child’s counselor. Be sure to communicate with the school if you're child has a physical or mental impairment.

Section 504 committees must consider information from a variety of sources, including medical information provided by a physician. However, a doctor’s note alone cannot be the basis of eligibility for Section 504.

The committee will look at data such as grades over the past several years, teacher reports, information from parents, testing scores, observations, discipline records, attendance records, health records and adaptive behavior information. Under Section 504 no formalized testing is required and no single source of data will be the only information considered.

A major life activity is an activity that is of central importance to the daily life of the average person in the general population. Major life activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. It also includes the operation of a major bodily function.