Section 504

• A 504 Accommodation Plan
• Accommodations
• Due process
• Re-evaluation every three years

Anyone can refer a child for evaluation under Section 504. However, while anyone can make a referral, such as parents or a doctor, the school district must also have reason to believe that the child needs services under Section 504 due to a disability.

According to the federal regulations: "...placement decisions are to be made by a group of persons who are knowledgeable about the child, the meaning of the evaluation data, placement options, least restrictive environment requirements, and comparable facilities" [34 C.F.R. §104.35(c)(3)].

Under Section 504, no formalized testing is required. The 504 Committee should look at grades over the past several years, teacher's reports, information from parents or other agencies, state assessment scores or other school administered tests, observations, discipline reports, attendance records, health records and adaptive behavior information. Schools must consider a variety of sources. A single source of information (such as a doctor's report) cannot be the only information considered. Schools must be able to assure that all information submitted is documented and considered.

No. Parents should always be given notice in writing before their child is evaluated and/or placed under Section 504. (34 C.F.R. §104.36). Parents must also be given a copy of their child's Section 504 accommodation plan if the committee determines that the child is eligible under Section 504.

Accommodations that may be used, but are not limited to, include:

• Extended time on tests or assignments
• Books on tape
• Alternate settings for a child taking a test to reduce distractions
• Instructions read
• Assistance with note-taking
• Computer-aided instruction
• Enlarged print
• Behavior intervention plans
• Visual aids
• Preferred seating assignments
• Taping lectures
• Oral testing
• Individual contracts
• Extra examples
• Not being penalized for spelling errors

As a parent or legal guardian, you have the right to:

• Receive notice regarding the identification, evaluation, and/or placement of your child
• Examine relevant records pertaining to your child
• Ask for a meeting with the 504 Committee at any time
• Request an impartial hearing with respect to the district's actions regarding the identification, evaluation, or placement of your child, with an opportunity for the parent/guardian to participate in the hearing, to have representation by an attorney, and have a review procedure
• File a complaint with your school district Section 504 designee Neta Alexander at NetaAlexander@misdmail.org who will investigate the allegations regarding Section 504 matters other than your child's identification, evaluation, and placement
• File a complaint with the appropriate regional Office for Civil Rights