Frequently Asked Questions
504
Are all students with food allergies eligible for 504 plans?
In order to be considered eligible for a 504 plan, a student must have a condition that “substantially limits one or more major life activities.” The school should consider the severity of the condition and the student’s ability to provide self-care. Should a student with a severe allergy be eligible for a 504 plan, the plan may address location of stored medication(s), the training of school personnel, where students will eat lunch and snacks, transportation, etc. Additionally, the 504 plan may refer to the student’s health plan, as appropriate. Generally speaking, students with severe, life-threatening reactions meet the definition of disability.
What are hidden disabilities?
Hidden disabilities are physical or mental impairments that are not readily apparent or obvious to others. They include such conditions and diseases as specific learning disabilities, diabetes, epilepsy, allergies, heart disease, kidney and liver disease, cancer, etc.
Because there is a requirement to make disability determinations without considering mitigating measures, such as medication, what information can be considered to support the process?
504 teams should consider multiple sources of data when determining eligibility for 504. While there are no limits as to the multiple sources of data that can be reviewed to help make an informed decision, consider the following:
· Student’s academic and behavioral records before medication was prescribed.
· Information that parents provide about observed behavior. For example, how was behavior characterized before the student began taking medication?
· Consider behavioral checklist(s). At times, teams have data from Conner Scales that serve to list behaviors that were present before the student began taking medication
Are schools required to implement 504 plans from other school districts?
When a student enrolls into FCPS from another system and has a 504 plan, best practice would be for the 504 team to convene to review the student’s needs and appropriateness of the plan.
Where are 504 plans maintained?
504 plans should be maintained as part of the student’s cumulative record.
May a student who has a 504 plan access special transportation?
Yes, a student with a 504 plan can access special transportation, when the disability or condition impacts travel.
Where are 504 forms located?
504 coordinators may access 504 forms through Form Finder as located on insidefcps and filed under, Special Education.
What do I do when I suspect that a student has a disability that requires accommodations?
Refer to Regulation No. 400-66, Definition (F), Evaluation. The child find process applies and may include parental consent for assessments.
May a student with mobility needs access Adaptive P.E. through a 504 plan.
Yes, a student who has a 504 plan can access Adaptive P.E. As related to the described educational-related behavior(s), the plan should outline the accommodation(s) necessary to support the student. In most cases, the school P.E teacher serves as the person responsible for supporting the student, when alternate activities are necessary. The plan may lend itself to consultative services and training to support the student’s disabling condition. All students must participate in P.E.
A student with a 504 plan has been suspended for 10 days and has committed an offense that requires disciplinary action. As the administrator or 504 coordinator, what do I do, when considering further suspension(s)?
Confer with Linda Chambers before assigning additional suspension days. Following the consultation, schools will be informed about next steps, which must include a manifestation meeting when additional days are approved.
What are mitigating factors and how do they impact 504 eligibility?
The analysis of whether a student has an impairment that substantially limits a major life activity must be conducted without regard to mitigating measures such as medication, medical supplies/equipment, low vision devices (not including ordinary eye glasses or contact lenses) prosthetics including limbs and devices, hearing aids and cochlear implants, or the use of assistive technology. In other words, if a mitigating measure as listed above helps the student with a disability, the substantial limitation can not rule the student ineligible.
Does a student have to have an impact in learning or academic achievement to be eligible for a 504 plan?
A student does not need to be substantially limited in the major life activity of learning to be eligible under Section 504.
Do major life activities include major bodily functions?
Major life activities include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping standing, lifting, bending, reading, concentrating, and thinking. As well as the operation of major bodily functions, such as, but not limited to, endocrine, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, and reproductive functions.
If a student has a disability do they automatically qualify for a 504 plan?
There is not such thing as automatic coverage under Section 504. A medical diagnosis of an illness 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.
Effect of major life activity is the key to determining eligibility, As a 504 team, “Ask yourself if the disability prevents the student from getting what everyone else gets, if yes then 504 eligibility.”
Can a student have both a 504 plan and an IEP?
A student who is protected under IDEA with an IEP is also protected under 504. You can not split the student between a 504 and special education. The IEP team has to make the necessary accommodations and document them in the IEP. (i.e a broken leg for a walker might need special transportation)
Is drug or alcohol use or pregnancy qualified as a disability under Section 504?
Current users of alcohol and drugs and pregnancy are not considered impairments under Section 504.
Is it ok to not hold a 504 eligibility for a student who has only a health care plan?
It is important to reconsider eligibility for students with health care plans. If the district routinely finds students ineligible for Section 504 services because their needs are met through an individual health care plan we need to shift our mindset. An individual health care plan is considered a general education intervention and a mitigating measure which can not be considered when determining 504 eligibility. If there is a significant impact on a major life activity, including major bodily functions, 504 eligibility should be considered…think about severe food allergies, asthma, diabetes, etc. If a student with a medical condition is found eligible under Section 504 it will be important to cross-reference the health care plan in the 504 plan. It is only when a student is ineligible under Section 504 that they should have only a health care plan.
Distinguishing what accommodations goes where, Health care plan and/or 504?
OCR wants to make sure the whole child’s needs are met. So as long as 504 eligibility is considered and the whole plan(s) cover the need of the child it’s all good. A simple reminder, if the responsibility lies with the school staff and administration, probably belongs in the 504 plan & if the responsibility lies with the health staff then, probably belongs in the health plan. Address health-related services in the Section 504 Plan. If said services are required to be performed during the school day to enable the child to attend school (i.e. Insulin checks for a student with Diabetes) then they should be incorporated into the plan.
Can a student with an episodic impairment or impairment in remission be eligible for a 504 Plan?
Impairments that are episodic or in remission, such as arthritis and cancer, can qualify a student with a 504 Plan if the disability would substantially limit a major life activity when active.
What are the time lines for 504 evaluations?
Are there timelines to the 504 evaluation process? No, but it is indicated that an evaluation must be conducted in a reasonable amount of time. In determining what is reasonable FCPS applies the same evaluation timeline outline in IDEA, allowing 90 days from written referral or 60 days from parental consent signature, whichever comes first.
Who can you share the student’s 504 Plan with?
Know your FERPA obligations. Parent consent isn’t required when disclosing student information to school officials who have a “legitimate educational interest” in the student.
“School” your school staff; including teachers, instructional assistants, transportation providers, custodians, lunch staff, etc, in the implementation of 504 Plans.