The definition states the following: “A person has a disability under section 504 if the individual has a diagnosable (emphasis added) physical or mental impairment that substantially limits one or more of the individual’s major life activities (i.e., self care, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working). A person can also be protected as a person with a disability because s/he has a record of an impairment or is regarded as having an impairment (without a diagnosis).

The definition of a disability under section 504 is much broader than the disability definition by the Individuals with Disabilities Education Act (IDEA). Generally, however, a person who had a prior record of a diagnosed impairment or is regarded as having a diagnosable impairment without an official diagnosis is not entitled to accommodations. S/he is, however, entitled to the 504 protections in the disciplinary process (see below for more information about disciplinary protections).

There are a number of licensed human-service professionals who can diagnose impairments including, but not limited to, physicians, psychiatrists, psychologists, physical therapists, occupational therapists, speech-language therapists, vision and hearing specialists, and so on.

A student who requires a 504 plan is guaranteed a Free Appropriate Public Education (which is no different from special education and regular education students). “An appropriate education under section 504 means providing regular or special education and related aids and services (including assistive technology as necessary) to meet the individual educational needs of children with disabilities as adequately as children without disabilities are met.” We recommend that a case manager from general education be assigned to every 504 student to ensure the 504 plan is being implemented.

It is recommended that the 504 Site Coordinator, the student’s teacher(s), parents, and other pertinent educators shall meet to discuss and negotiate reasonable accommodations for the child to gain access to an appropriate education. The accommodations are placed on a 504 plan and implemented accordingly.

According to Section 504 law, 504 plans do not have to be in writing; however, Estes Park School District feels otherwise. We require all 504 plans to be written on our district’s Section 504 Plan form.

Copies of the 504 plan need to go to the following: (a) Parents, (b) Classroom teacher(s), (c) Student’s Services file, and (d) Other pertinent educators as needed.

There is certainly no right answer to this question; however, we recommend that 504 Coordinators spend a few moments with the student’s classroom teacher(s) every time a teacher change is made to discuss the accommodations needed for the student to gain access to an appropriate education.

504 plans shall be reviewed at least once per year by the site’s 504 Coordinator, the student’s parent(s), the classroom teacher, and any other individuals who can contribute information regarding the student.

Just as with IDEA, section 504 prohibits schools from punishing students for misconduct that is directly related to their disability. Therefore, if a child on a 504 requires a change of placement as a result of misconduct (i.e., suspension beyond 10 days and/or expulsion), a manifestation determination meeting is required.

Similar to IDEA, the schools must evaluate students who are believed to have a 504 disability through formal and informal assessment practices.

Yes. Students with disabilities who need accommodations when taking tests should have those accommodations specifically noted on their 504 plan.

Yes, parents have procedural safeguards similar to those of IDEA requirements (e.g. parents have the right to examine their child’s educational records, the right to notice, the right to an impartial hearing, a right to appeal actions by the school district regarding the identification, evaluation, or educational placement of the student, and so on). However, section 504 compliance is a general education responsibility rather than a special education responsibility. The Office of Civil Rights (OCR) is the governing body for disputes or complaints that go beyond the district level.

Only agencies and programs that receive federal funding (e.g., public schools and public higher education system) are required to implement 504 privileges and protections toward 504-eligible students. Therefore, private schools are exempt from having to implement a 504 plan for their eligible students.