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:
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1.
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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.
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2.
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Opportunity for parents to examine relevant records
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3.
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Right to due process hearing
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4.
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Right to the review of an adverse hearing decision
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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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