Section 504 Plans

The school's 504 team develops an individual 504 Plan for each student, who was determined eligible under Section 504, based on the information gathered during the evaluation process. The 504 Plan provides appropriate accommodations so that the student has equal access to the educational benefits of the school's programs and activities. 

The accommodations, selected by the 504 Team, are meant to meet the disabled student's individual educational needs as adequately as the needs of non-disabled students are met.  Accommodations are not meant to maximize a disabled student's potential or provide the 'best' education program that can be designed for the disabled student. "Accommodations are reasonable when they provide students with disabilities an equal opportunity to participate without lowering or fundamentally altering a school district's standards or procedures (Elaine Eberharter-Maki, Esq.; October 2006)." 

Placement on a Section 504 Plan for an eligible student with a disability refers to the student receiving appropriate accommodations designed to meet that student's individual needs to the same extent as the needs of students without disabilities are met. Teachers are required to implement the provisions of the 504 Plans for students in their classrooms.


Team Members
The school 504 Team is comprised of school staff members, including staff knowledgeable about the student being evaluated and an understanding of the evaluation data and placement options.  The team is responsible for Section 504 identification, evaluation, placement, and periodic re-evaluations. There is no maximum number of members. It is this team that makes educational decisions for the Section 504 student. Any other individual or group making such decisions is violating a student's rights under federal law.

Parents are not required to be a part of the school's 504 Team. Best practice dictates that parents be informed of the evaluation and placement process, receive notice of rights, prior notice of 504 meetings and post-meeting notice of what occurred.


Section 504 Procedural Safeguards
School districts must maintain a system of procedural safeguards that includes:

 1. Notice - explains the action the district [school] proposes to take, and the reasons it has decided to proceed in that fashion.  The notice must be detailed enough to allow parents to meaningfully evaluate whether they wish to consent to the proposed action, refuse to act, or request a due process hearing.
 2.  Opportunity for parents to examine relevant records
 3.  Right to due process hearing
 4.  Right to the review of an adverse hearing decision


School districts must provide for an impartial hearing to review evaluation and placement decisions, with the opportunity for participation by parents and representational counsel. 


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