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Patty Brinkman



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504 Plans

The 504 Accommodation Plan - providing an equal access to education for all.

Why we have Section 504 and how it works...

 

FEDERAL LAWSection 504 of the Vocational Rehabilitation Act of 1973 is the federal law that is the basis for a Section 504 Accommodation Plan in schools.  Section 504 provides specific protection of the rights of any person with a disability in all programs that receive federal funds (such as schools).   

Several key points make this different from Special Education law's provisions.

  • Special Education protection is federal law too, but it is part of an education law called Individuals wtih Disabilities Education Act, referenced as IDEA.  
  • 504 Accommodations for a student with a disability is, in contrast, essentially civil rights legislation, protected by the Office of Civil Rights.  This is a big difference:  essentially, Section 504 bans discrimination against people with disabilities.  (Students are covered with this Section 504 of The Vocational Rehabilitation Act, yet this protection extends into adulthood under the American with Disabilities Act.)
  • Special Education law lists specific disability categories.  Section 504 does not limit specific disabilities but instead says someone has a handicap if the person has a "physical or mental impairment which substantially limits a major life activity" such as learning in school. 
  • Special Education law effects children through school age 21.  Section 504 is protection against discrimination for both adults and children with no age limit. (Protections also extend into employment and housing, unlike special ed.) 
  • Special education law has very specific eligibility requirements and also evaluation procedures schools must use.  Section 504 law does not direct schools as explicity on procedure and so gives schools a bit more administrative latitude to develop their own 504 procedures (but most schools try to make the process somewhat similar to special education for ease of administration). 
  • Temporary disabilities are included in 504 protections, assuming these meet the "substantially limits a major life activity" definition, and so this too broadens the disability category and can extend beyond those conditions the general public sees as disabling.

 

For Lyman Moore as with any school then, a 504 Accommodation Plan is meant to provide equal access for your child - so your child has access to his or her education that is the same as any other student's access to education, in spite of any handicapping condition.  Equal access so that your child is not discriminated against (by not having equal access) because of a disability.

Consider this visual that's often used when describing Section 504 Accommodation Plans:  the plans are meant to "level the playing field" so that your child with a (temporary or other) disability can participate as others can with a few changes or adjustments made, just for your child, in individual teaching or in classroom material, programming, content or other aspect.   

Schools are careful to explain that to "level the playing field" does not mean to give students with a disability (students with a Section 504 Plan), an extra "step up" to get ahead of others -- rather it is to give students an equal chance to get whatever programming or activities all others get but with specific help or changes (called accommodations).     

 

IF YOUR CHILD HAS A SECTION 504 PLAN:

You will meet with teachers (if you have not done so already), the special education teacher and the school counselor to help craft a plan that will list specific accommodations; these may be changes or other types of supports that will be provided throughout the school day. 

The meetings are usually once a year. If you have already met with the 5th grade transition team and Lyman Moore representatives to develop this Section 504 plan, then our special education teacher and I will go over that plan with the House teachers at Lyman Moore.   

Then we monitor the plan along with you and your child and it can be changed or adjusted if it is not working -- or if it is no longer needed.  In our schools a special education teacher is usually assigned as "case manager" and I serve as the 504 Manager to collect all the information, arrange the meeting and write the plan.  The special education teacher too meets regularly with the House teachers and checks in about the 504 plan and communicates home.

To list "typical accommodations" runs the risk of limiting how creatively the whole team can look at making changes or adjustments. Instead, you and we both can think of HOW your child's disability makes school or learning difficult and then think of WHAT changes can be made (in teaching, class requirements, materials used, homework, projects, supportive aids) to make that problem have less of an impact on learning.  

IF YOUR CHILD DOES NOT HAVE A PLAN, BUT YOU ARE THINKING MAYBE...

...If you suspect your child has a disability which may qualify him or her for Section 504 protection but you do not have a 504 Plan from our school or your previous sending school, you are encouraged to call us.  We can then explain the process used to evaluate your child to determine if a disability exists and how it effects your child. 

You also are provided a pamphlet explaining your rights and the appeals process in our district.

A whole team is part of this process, by the way.  And the team uses many tools to gather information before determining that a student's learning is substantially limited because of a disability.  Your child's doctor could certainly be one part of that information gathering but by no means is the deciding part.  We find it helpful to explain that a note or letter from a pediatrician about a condition or diagnosis does not automatically qualify a student for Section 504 services, but certainly is a part of the overall picture the whole team considers. 

This is who is on the "team:"  Parents; any family members who know the child well who parents want involved; teachers; the school counselor; the special education teacher; Lyman Moore administrators or designate; and any others you or we feel could offer insight about your child.  The very thing that makes 504 Plans work is the whole "team" and we work hard to make sure we all are on that same team together, with you and the student. 

 

Lastly, I'll add that I am the 504 Manager for grades six through eight at Lyman Moore and I enjoy the work very much, love the law and its nuances and can easily provide more information than you may ever want...  So I'll stop here and encourage your questions.

 

For more information, you are also welcome to contact:  Portland Public Schools Central Office 504 Coordinator / Special Education Coordinator, Barbara Dee @ deeb@portlandschools.org

 

P.S.   Did you know "accommodations" is among the top misspelled words?? 

Put 2 m's and 2 c's in the word and you will be among the  few  who spell it correctly!   


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