Service Plans and Eligibility Review

The Section 504 Service Plan may be reviewed annually, at which time the parent/guardian should receive a copy of the Parents Rights and Procedural Safeguards.  At the beginning of each school year, a student’s Section 504 Service Plan will be distributed to all staff responsible for its implementation.  Such staff could potentially include, for example, teachers, administrators responsible for disciplining the student, yard duty staff, or cafeteria workers.  Ensuring that staff serving the student receive a copy of a student’s Section 504 Service Plan early in the school year will not only ensure compliance with Section 504, but will also facilitate the work and responsibilities of the Section 504 Site Lead.

A re-evaluation of the student should occur at least every three years, or before any significant change in placement, including exiting the student from a Section 504 Service Plan. Other significant changes in placement that may trigger re-evaluation include, but are not limited to disciplinary actions such as expulsion or suspension in excess of 10 school days in a single school year, or placement of a student in independent study, a continuation school, or home-hospital instruction.

The re-evaluation of a student's needs for ongoing accommodations, related aids, and services may require formal assessment and/or updated information concerning the physical or mental impairment for which eligibility was met. Therefore, information used as a basis for making the initial Section 504 eligibility determination should be updated and considered at least every three years.

Pursuant to 34 CFR Section 104.34(b), Section 504 rights apply to all activities provided and funded by the school district (extracurricular and non-academic activities included). This includes all after school activities, sports events and childcare. Section 504 requires equal access and the opportunity to participate in non-academic and extra-curricular activities. This is not a FAPE obligation – this obligation is about equal access and the obligation to provide reasonable accommodations. (Conejo Valley Unified School District (OCR 2009) 109 LRP 54727). 

An example is when a student with an identified disability tries out for a sports team. The student with an identified disability has the same rights as any other student to try out for the team. If the student with the identified disability is able to make the team, based on his/her talent, with reasonable accommodations, then the student should be able to play. If the student does not meet the standards for playing the game, with reasonable accommodations, the school is not obligated to place the student on the team.

For eligibility requirements, make sure the requirements are strictly related to the student’s ability to participate in the program with reasonable accommodations. 

Evaluating the student and determining if the student has a physical or mental impairment that substantially limits a major life activity are what decide eligibility for a Section 504 Service Plan. If any of the three criteria are not met, a student is not eligible for a Section 504 Service Plan.

While a private medical and/or psychological report or other private report can be an important data source when assessing for 504 eligibility, in and of themselves, these reports are insufficient to deem a student eligible for a 504 Plan.  A site 504 team must independently evaluate the student to determine eligibility.

If a student qualifies for special education under the IDEA, he or she should not also receive a Section 504 Service Plan, because his or her IEP should encompass all needs that would have been addressed by a Section 504 Service Plan. 

In disciplinary situations, students who have a Section 504 Service Plan may be suspended or placed in an alternative interim setting to the same extent these options would be used for children without disabilities for up to ten (10) school days, per school year.  School personnel may also consider any unique circumstances on a case-by-case basis when determining whether a change in placement (in this context a disciplinary removal) is appropriate for a child with a disability who violates a code of student conduct.   

When a student with a disability is removed from his or her current placement for disciplinary reasons for more than ten (10) school days in the same school year, during any subsequent days of removal that constitute a change in placement as described in the regulations that implement the IDEA, the student is entitled to a manifestation determination within ten (10) school days of the District's decision.  The student's parent/guardian must be invited to participate as a member of this manifestation determination meeting.  At this meeting, the team will determine (based upon a review of all relevant information in the student's cumulative and special education and/or Section 504 Service Plan files, the Student's Section 504 Service Plan, any teacher observations, and any relevant information provided by the parent/guardian) whether the student's alleged behavior was a manifestation of his/her disability by answering the inquiry required by the IDEA. The questions the team must answer are:

• Whether the conduct in question was caused by, or had a direct and substantial relationship to the student's disability; or, 
   
• Whether the conduct in question was the direct result of the District's failure to implement the student's current Section 504 Service Plan.

If the team answers “yes” to either question, the alleged misconduct shall be determined to be a manifestation of the student's disability and the District may not take disciplinary action against the student. If the behavior is a manifestation of the student’s disability, the team needs to determine if the 504 Plan should be revised and make the necessary changes to services. However, if the team answers “no” to both questions, the alleged misconduct shall be determined not to be a manifestation of the student's disability and the District may take disciplinary action against the student, such as expulsion, in the same manner as it would with a student without disabilities. 

Regardless of whether a student's behavior was a manifestation of the student's disability, the District may determine, following assessment, that a change of placement is appropriate for the student. The District may proceed with this change of placement, based on the recommendation of the 504 Team, following notice to the parents; consent is not technically required for a change of placement pursuant to Section 504, though it is always preferable to obtain consent, when possible.  Remember that an assessment must occur under Section 504 prior to any significant change of placement.

Section 504 does not have a Stay Put clause. If there is a dispute, the district may remove the student from school and place where the district believes is appropriate, or expels the student pending the outcome of a Due Process hearing.

Section 504 students who use drugs and alcohol do not have disciplinary protections of Section 504. Section 504 permits the District to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities.

Students with Section 504 Service Plans may be eligible for accommodations for college entrance exams. Students may request accommodations using the specified forms for the tests they will be taking (e.g. PSAT, SAT, ACT). The student and/or the parent/guardian may request assistance from their school guidance counselor in applying for accommodations by providing the necessary forms and requests for accommodations to the District, including consent to release the student’s information to a third party. In order for timely submission of these requests, families are encouraged to contact their guidance counselor at least one semester prior to date intended to take an exam. 

The district emphasizes that college entrance exam boards, such as the College Board, have their own criteria and standards for determining eligibility for accommodations for their tests. It is important for students and their parents/guardians to understand that the school and district are not responsible for determining a student’s eligibility for accommodations and that it is ultimately the decision of the organization administering the exam. No one qualifies automatically.

For additional information regarding accommodations for the PSAT, SAT, or AP exam, refer to the College Board website for Services for Students with Disabilities.  For more information about accommodations for the ACT, please go to the ACT website for Services for Examinees with Disabilities.  

Students who were eligible for special education services under the IDEA or for Section 504 accommodations at the high school level may seek support at the community college and four-year university level. Students must independently request support from the disability services department at the college or university. Previous IEPs and/or Section 504 Service Plans should be submitted by the student directly to the appropriate staff at the college or university to assist in the determination of appropriate supports at this level.