The IDEA,

and Section 504

in Education:
By: Barbara Clemons
Kiersten Hoehn
Anthony Medina
 Section 504
LAWS: of the Rehabilitation Act / 1973

THAT PROTECT STUDENTS • A federal Anti-Discrimination Law.

WITH DISABILITIES • Protects ALL people with a disability that impairs one or
more major life activity (learning is one).
• Prohibits discrimination in ANY program that receives
federal dollars.
504 • Provides accommodations to remove discriminatory barriers.

Section 504 • In education, a “504 Plan” removes barriers to learning and

opportunities.
of the
Rehabilitation Act /
1973
 IDEA
• A federal Education Law.
Individuals with • For students with at least one of 13 qualifying
Disabilities categories of disability.
• Who ALSO need specialized support and instruction to
Education Act / benefit from education.
1975 • Provides a “special education” plan: “IEP”
- specialized instruction
- related supportive services
• “IEP” must be individualized to meet a student’s
unique needs.
  All students with a disability are granted free quality
public education.
 Appropriate Evaluation

PRINCIPLES OF IDEA  (IEP) Individualized Education Plan

 Least Restrictive Environment

 Parent Involvement
 Procedural Safeguards
 WHAT IS SECTION 504?

Section 504 covers disabled persons in programs receiving federal funds:

- public schools explicitly, but also
- publicly-funded programs such as day care programs,
- after-school programs and even some private schools

To be eligible for services and to ensure a Free and Appropriate Public Education
(FAPE) and protection against discrimination under Section 504, a student must
have a physical or mental impairment that substantially limits one or more major life
activities. [29 U.S.C. 706 (8)(B)]
 504 Plan” describes services,
accommodations & modifications

Students may receive services, accommodations and modifications for “equal access” to
educational opportunities afforded all students.

Accommodations are program adjustments made to remove disability-related barriers

to full participation in school: “leveling the playing field”

Academic modifications may be necessary even if major activity of “learning” is not

affected.
 IDEA: PURPOSE

Purposes. 504 Regulation 34 CFT 104.3(j-l) defines:

“a person with a disability as any person who has a physical or
mental impairment that substantially limits one or more major
life activities, has a record of such impairment, or is regarded as
having such impairment.”
SECTION 504  Self-care
DISABILITY DEFINED Standing
 Manual tasks Bending
 Eating * Lifting
Reaching
 Sleeping *
Reading
Major life  Walking Thinking *
Concentrating *
Seeing
activities

Communicating *
 Hearing Interacting with

include:  Speaking others

Learning
 Breathing Working
 Sitting
  Visualize an elevator. Ground floor is the PLOP.
IEP: THINK OF IT Next floor is where the team expects child can be
by this time next year at annual IEP review.
THIS WAY!
Everyone must want to get to the same place.

- Special Education is a  Is the elevator uncomfortably crowded.

SERVICE Sometimes you wish you didn’t have to share the
elevator with certain people.
- brought to the student
through the IEP  Some people take over the buttons and won’t let
- in order to CLOSE THE you push. Some people press the close door
button when they don’t want you in.
GAP
between the student’s  Some are considerate enough to hold the door
- Present Level of open button.
Performance  Sometimes you have to press the alarm button.
(PLOP) and the student’s Sometimes the whole elevator comes to a stop.
- Expected Level of Who will you call? What will you do? Will you be
Performance. afraid? Will you take charge?
 If the elevator is not maintained someday it may
fail. What is necessary for maintenance? Whose
responsibility, is it?
COURT CASES  Fry v. Napoleon Community Schools
INVOLVING  Endrew F. v. Douglas County School District
SECTION 504
 M.H. V. Montana High School Assoc
 K.M. V. Tustin Unified SCH. DIST.
 RECOURSES

http://www2.ed.gov/policy/seclusion/seclusion-state-summary.html

“The Alliance to Prevent Restraint, Aversive Interventions and Seclusion”. http://aprais.tash.org/

http://www.nsttac.org/indicator13/indicator13_checklist.aspx

Saleh, M. (2021, June 21). Your child's rights: 6 principles of idea. Smart Kids. Retrieved September 19,
2021, from https://www.smartkidswithld.org/getting-help/know-your-childs-rights/your-childs-rights-6-
principles-of-idea/.
 PRESENTER NOTES
Slide # 2 - Section 504 is often referred to as the first civil rights act for individuals with disabilities. Section 504 applies to students, parents, employees, and other
individuals with disabilities.

Slide #4- Appropriate Evaluation that help to best support students current and future academic success. IEP- is a supportive plan to meet the unique needs of each
student which will include recommendations and accommodations for students. Students with an IEP should be placed in General Education classrooms as best as
possible with additional support from the IEP team.

Slide # 5 - To be eligible for services and to ensure a Free and Appropriate Public Education (FAPE) and protection against discrimination under Section 504, a student must have a
physical or mental impairment that substantially limits one or more major life activities.

Slide # 6 - Students may receive services, accommodations and modifications for “equal access” to educational opportunities afforded all students.

Accommodations are program adjustments made to remove disability-related barriers to full participation in school: “leveling the playing field”

Academic modifications may be necessary even if major activity of “learning” is not affected.

Slide # 7 - 504 defines: “a person with a disability as any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such
impairment, or is regarded as having such impairment.”

Slide # 9 - Visualize an elevator. Ground floor is the PLOP. Next floor is where the team expects child can be by this time next year at annual IEP review. Everyone must want to get to the same place.
Is the elevator uncomfortably crowded. Sometimes you wish you didn’t have to share the elevator with certain people.
Some people take over the buttons and won’t let you push. Some people press the close door button when they don’t want you in.
Some are considerate enough to hold the door open button.
Sometimes you have to press the alarm button. Sometimes the whole elevator comes to a stop. Who will you call? What will you do? Will you be afraid? Will you take charge?
If the elevator is not maintained someday it may fail. What is necessary for maintenance? Whose responsibility, is it?

Slide # 10- Fry v. Napoleon Community Schools- Family argued that under IDEA the students use of service dog provided the least restrictive environment. Endrew F. v. Douglas
County School District- Family argued that school did not provide reasonable accommodation to support student with autism. M.H. V. Montana High School Assoc- Student was
determined ineligible to participate in Football senior year due to age. The family argued under IDEA the student should be eligible since they had to repeat grades do to learning
difficulties. K.M. V. Tustin Unified SCH. DIST.- Family argued that school district is not providing enough resources for students who are hard of hearing.