Responsibilities of the School District
Schools must provide a free appropriate education to Section 504 school-age individuals with disabilities in their jurisdiction. Instruction must be individually designed to meet the needs of the students as adequately as the needs of students without disabilities. Section 504 requires reasonable accommodations. It is recommended the school document that services and/or accommodations for each eligible Section 504 student are being provided. If a student requires extensive accommodations, a team knowledgeable about the student must meet to develop a plan that outlines the services and accommodations. Parent participation should always be encouraged.
The quality of educational services provided to individuals with disabilities must be equivalent to the services provided to non-disabled students. Teachers, administrators, staff, and parents should receive ongoing training in the instruction of individuals with disabilities and be knowledgeable about appropriate materials and equipment.
The student need not qualify for special education services in order to be qualified under Section 504.
No qualified person should on the basis of their disability, be subjected to discrimination in employment under any program or activity that receives federal funds.
School districts must make reasonable accommodations for qualified applicants or employees with known physical and mental impairments unless the accommodation would impose an undue hardship on the operation of the district’s program. Examples of reasonable accommodations would include: making facilities accessible to and usable by persons with disabilities, job restructuring, part time or modified work schedules, and acquisition or modification of equipment or devices.
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The regulations mention the following factors to consider in determination of “undue hardship”:
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In accordance with the Section 504 regulation, no qualified individual with disabilities shall be denied the benefits of, be excluded from participation in, or be otherwise subjected to discrimination under any program or activity because the school facilities are inaccessible or unusable. The Section 504 regulation requires all recipients of federal financial assistance to operate their programs or activities so they are readily accessible to students with disabilities.
The regulation contains two standards to be used in determining whether programs and activities are accessible to individuals with disabilities. One standard deals with “existing” facilities; the other deals with “new” construction. The term “existing facility” means the facility was in existence or in the process of construction before June 3, 1977, the effective date of the regulation. The term “new construction” means groundbreaking took place on or after the effective date of the regulation.
Leased facilities (mobile units) that are leased or constructed with federal funds are required to meet the standards of new construction. Other leased units are required to meet the standards of existing facilities.
The standard for a facility existing before June 3, 1977 requires that federally assisted programs or activities operated in that facility must, when viewed in their entirety, be readily accessible. This standard does not require that every facility or part be accessible, so long as the program or activity as a whole is accessible. Thus, recipients need not make structural changes to facilities.
One example of an alternative method in a school would be the relocation of classes, activities or services to an accessible site. Facility alteration or new construction is required to achieve program accessibility only if sufficient relocation of classes, activities or services can not be housed in an existing facility. In meeting the objective of program accessibility, the school must take precautions not to isolate or concentrate students with disabilities in settings away from students without disabilities.
The regulation does require that all new construction begun after June 3, 1977, as well as alterations to existing facilities, must be designed and constructed so as to make facilities accessible and usable by individuals with disabilities.
Section 504 Regulations, 34 CFR Section 104.35 (a) requires that a district evaluate “any person who, because of a disability, needs or is believed to need special education or related services” (emphasis added). An evaluation is also required prior to any significant change in placement. Pre-screening methods which affect a student’s eligibility for special education may be considered “evaluations” and are subject to proper notice requirements.
The school is obligated under 504 to provide parental notice and conduct an individual evaluation for any student who, because of a suspected disability, might need specialized instruction and/or related services. The following are some consideration for meeting 504 evaluation requirements:
1. The school could use special education evaluation staff or other evaluators as assigned. The decision of who conducts the evaluation should be made by the school administrator. The evaluation team must be knowledgeable about the student, be familiar with the evaluation data, and placement options;
2. Each evaluation should be tailored to the specific needs of the student;
3. The parents need to be notified before the evaluation is conducted. Consent is not required, but is considered best practice;
4. Tests and other evaluation materials should be validated for the specific purpose for which they are used and administered by trained personnel in conformance with the instructions provided by their producer;
5. Tests and other evaluation materials include those tailored to assess specific areas of educational need;
6. Tests are selected to ensure that, when a test is administered to a student with impaired sensory, manual, or speaking skills, the results accurately reflect whatever the test(s) are designed to measure;
7. In interpreting evaluation data and in making placement or accommodation decisions, a school should draw upon information from a variety of sources, including aptitude and achievements tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior; and,
8. A school should establish procedures for periodic reevaluation of students. A reevaluation should be conducted before any significant change in placement. A reevaluation procedure consistent with the Individuals with Disabilities Act (IDEA) is one means of meeting this requirement.
Section 504 does not require that a district carry out a full evaluation of a student simply because a parent requests it. However, refusal by the district to do so constitutes an official action with respect to the student’s evaluation and placement.