**Frequently Asked Questions About Section 504 and the Education of Children with Disabilities**

Introduction | Interrelationship of IDEA and Section 504 | Protected Students | Evaluation | Placement | Procedural Safeguards | Terminology

This document is a revised version of a document originally developed by the  Chicago Office of the Office for Civil Rights (OCR) in the U.S. Department  of Education (ED) to clarify the requirements of Section 504 of the Rehabilitation  Act of 1973, as amended (Section 504) in the area of public elementary and  secondary education.  The primary purpose of these revisions is to incorporate  information about the Americans with Disabilities Act Amendments Act of 2008  (Amendments Act), effective January 1, 2009, which amended the Americans with  Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation  Act of 1973 that affects the meaning of disability in Section 504.  The  Amendments Act broadens the interpretation of disability.  The Amendments  Act does not require ED to amend its Section 504 regulations.  ED’s  Section 504 regulations as currently written are valid and OCR is enforcing  them consistent with the Amendments Act.   In addition, OCR is currently  evaluating the impact of the Amendments Act on OCR’s enforcement responsibilities  under Section 504 and Title II of the ADA, including whether any changes in  regulations, guidance, or other publications are appropriate.  The revisions  to this Frequently Asked Questions document do not address the effects, if  any, on Section 504 and Title II of the amendments to the regulations implementing  the Individuals with Disabilities Education Act (IDEA) that were publishedin the Federal Register at 73 Fed. Reg. 73006 (December 1, 2008).

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**INTRODUCTION**

An important responsibility of the Office for Civil Rights (OCR) is to eliminate  discrimination on the basis of disability against students with disabilities.  OCR receives numerous complaints and inquiries in the area of elementary and  secondary education involving Section 504 of the Rehabilitation Act of 1973,  as amended, 29 U.S.C. § 794 (Section 504). Most of these concern identification  of students who are protected by Section 504 and the means to obtain an appropriateeducation for such students. 

  Section 504 is a federal law designed to protect the rights of individuals    with disabilities in programs and activities that receive Federal financial    assistance from the U.S. Department of Education (ED). Section 504 provides: "No otherwisequalified individual with a disability in the United States . . . shall, solelyby reason of her or his disability, be excluded from the participation in, bedenied the benefits of, or be subjected to discrimination under any program oractivity receiving Federal financial assistance . . . ."

  OCR enforces Section 504 in programs and activities that receive Federal financialassistance from ED. Recipients of this Federal financial assistance include publicschool districts, institutions of higher education, and other state and localeducation agencies. The regulations implementing Section 504 in the context ofeducational institutions appear at 34 C.F.R. Part 104.

  The Section 504 regulations require a school district to provide a "freeappropriate public education" (FAPE) to each qualified student with a disabilitywho is in the school district's jurisdiction, regardless of the nature or severityof the disability. Under Section 504, FAPE consists of the provision of regularor special education and related aids and services designed to meet the student'sindividual educational needs as adequately as the needs of nondisabled studentsare met. 

This resource document clarifies pertinent requirements of Section 504. 

For additional information, please contact the Office for Civil Rights. 

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**INTERRELATIONSHIP OF IDEA AND SECTION 504**

**1. What is the jurisdiction of the Office for Civil Rights (OCR),    the Office of Special Education and Rehabilitative Services (OSERS) and state    departments of education/instruction regarding educational services to studentswith disabilities?**

  OCR, a component of the U.S. Department of Education, enforces Section 504    of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights    statute which prohibits discrimination against individuals with disabilities.    OCR also enforces Title II of the Americans with Disabilities Act of 1990    (Title II), which extends this prohibition against discrimination to the    full range of state and local government services, programs, and activities    (including public schools) regardless of whether they receive any Federal    financial assistance.   TheAmericans with Disabilities Act Amendments Act of 2008 (Amendments Act), effectiveJanuary 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) andincluded a conforming amendment to the Rehabilitation Act of 1973 (RehabilitationAct) that affects the meaning of disability in Section 504. The standards adoptedby the ADA were designed not to restrict the rights or remedies available underSection 504. The Title II regulations applicable to free appropriate public educationissues do not provide greater protection than applicable Section 504 regulations.This guidance focuses primarily on Section 504. 

  Section 504 prohibits discrimination on the basis of disability in programs    or activities that receive Federal financial assistance from the U.S. Departmentof Education. Title II prohibits discrimination on the basis of disability bystate and local governments. The Office of Special Education and RehabilitativeServices (OSERS), also a component of the U.S. Department of Education, administersthe Individuals with Disabilities Education Act (IDEA), a statute which fundsspecial education programs.  Each state educational agency is responsiblefor administering IDEA within the state and distributing the funds for specialeducation programs. IDEA is a grant statute and attaches many specific conditionsto the receipt of Federal IDEA funds. Section 504 and the ADA are antidiscriminationlaws and do not provide any type of funding.

**2. How does OCR get involved in disability issues within a schooldistrict?**

  OCR receives complaints from parents, students or advocates, conducts agency  initiated compliance reviews, and provides technical assistance to school districts,  parents or advocates.  

**3. Where can a school district, parent, or student get information    on Section 504 or find out information about OCR’s interpretation ofSection 504 and Title II?**

http://www.ed.gov/policy/rights/guid/ocr/disability.html

**4. What services are available for students with disabilities underSection 504?**

  Section 504 requires recipients to provide to students with disabilities appropriate  educational services designed to meet the individual needs of such students to  the same extent as the needs of students without disabilities are met. An appropriate  education for a student with a disability under the Section 504 regulations could  consist of education in regular classrooms, education in regular classes with  supplementary services, and/or special education and related services. 

**5. Does OCR examine individual placement or other educational decisionsfor students with disabilities?**

  Except in extraordinary circumstances, OCR does not review the result of individual  placement or other educational decisions so long as the school district complies  with the procedural requirements of Section 504 relating to identification and  location of students with disabilities, evaluation of such students, and due  process. Accordingly, OCR generally will not evaluate the content of a Section  504 plan or of an individualized education program (IEP); rather, any disagreement  can be resolved through a due process hearing. The hearing would be conducted  under Section 504 or the IDEA, whichever is applicable.

  OCR will examine procedures by which school districts identify and evaluate    students with disabilities and the procedural safeguards which those school    districts provide students. OCR will also examine incidents in which students    with disabilities are allegedly subjected to treatment which is different    from the treatment to which similarly situated students without disabilities    are subjected. Such incidents may involve the unwarranted exclusion of disabled  students from educational programs and services. 

**6. What protections does OCR provide against retaliation?**

  Retaliatory acts are prohibited. A recipient is prohibited from intimidating,  threatening, coercing, or discriminating against any individual for the purpose  of interfering with any right or privilege secured by Section 504. 

**7. Does OCR mediate complaints?**

  OCR does not engage in formal mediation. However, OCR may offer to facilitate  mediation, referred to as “Early Complaint Resolution,” to resolve  a complaint filed under Section 504. This approach brings the parties together  so that they may discuss possible resolution of the complaint immediately.  If both parties are willing to utilize this approach, OCR will work with the  parties to facilitate resolution by providing each an understanding of pertinent  legal standards and possible remedies. An agreement reached between the parties  is not monitored by OCR.

**8. What does noncompliance with Section 504 mean?**

  A school district is out of compliance when it is violating any provision of  the Section 504 statute or regulations.

**9. What sanctions can OCR impose on a school district that is out of  compliance?**

  OCR initially attempts to bring the school district into voluntary compliance  through negotiation of a corrective action agreement. If OCR is unable to achieve  voluntary compliance, OCR will initiate enforcement action. OCR may: (1) initiate  administrative proceedings to terminate Department of Education financial assistance  to the recipient; or (2) refer the case to the Department of Justice for judicial  proceedings.

**10. Who has ultimate authority to enforce Section 504?**

  In the educational context, OCR has been given administrative authority to  enforce Section 504. Section 504 is a Federal statute that may be enforced  through the Department's administrative process or through the Federal court  system. In addition, a person may at any time file a private lawsuit against  a school district.   The  Section 504 regulations do not contain a requirement that a person file a complaint  with OCR and exhaust his or her administrative remedies before filing a private  lawsuit.

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**STUDENTS PROTECTED UNDER SECTION 504**

Section 504 covers qualified students with disabilities who attend schools  receiving Federal financial assistance. To be protected under Section 504,  a student must be determined to: (1) have a physical or mental impairment that  substantially limits one or more major life activities; or (2) have a record  of such an impairment; or (3) be regarded as having such an impairment. Section  504 requires that school districts provide a free appropriate public education  (FAPE) to qualified students in their jurisdictions who have a physical ormental impairment that substantially limits one or more major life activities.

**11. What is a physical or mental impairment that substantially limitsa major life activity?**

  The determination of whether a student has a physical or mental impairment  that substantially limits a major life activity must be made on the basis of  an individual inquiry. The Section 504 regulatory provision  at 34 C.F.R.  104.3(j)(2)(i) defines a physical or mental impairment as any physiological  disorder or condition, cosmetic disfigurement, or anatomical loss affecting  one or more of the following body systems: neurological; musculoskeletal; special  sense organs; respiratory, including speech organs; cardiovascular; reproductive;  digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any  mental or psychological disorder, such as intellectual disabilities, organic brain  syndrome, emotional or mental illness, and specific learning disabilities.  The regulatory provision does not set forth an exhaustive list of specific  diseases and conditions that may constitute physical or mental impairmentsbecause of the difficulty of ensuring the comprehensiveness of such a list. 

  Major life activities, as defined in the Section 504 regulations at 34 C.F.R.104.3(j)(2)(ii), include functions such as caring for one's self, performingmanual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.This list is not exhaustive. Other functions can be major life activities forpurposes of Section 504.  In the Amendments Act (see FAQ 1), Congress providedadditional examples of general activities that are major life activities, includingeating, sleeping, standing, lifting, bending, reading, concentrating, thinking,and communicating.   Congress also provided a non-exhaustive list of examplesof “major bodily functions” that are major life activities, suchas the functions of the immune system, normal cell growth, digestive, bowel,bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductivefunctions.  The Section 504 regulatory provision, though not as comprehensiveas the Amendments Act, is still valid – the Section 504 regulatory provision’slist of examples of major life activities is not exclusive, and an activity orfunction not specifically listed in the Section 504 regulatory provision cannonetheless be a major life activity. 

**12. Does the meaning of the phrase  "qualified student with a disability" differon the basis of a student's educational level, i.e., elementary and secondaryversus postsecondary?**

  Yes. At the elementary and secondary educational level, a "qualified studentwith a disability" is a student with a disability who is: of an age at whichstudents without disabilities are provided elementary and secondary educationalservices; of an age at which it is mandatory under state law to provide elementaryand secondary educational services to students with disabilities; or a studentto whom a state is required to provide a free appropriate public education underthe Individuals with Disabilities Education Act (IDEA).

  At the postsecondary educational level, a qualified student with a disability  is a student with a disability who meets the academic and technical standards  requisite for admission or participation in the institution's educational program  or activity. 

**13. Does the nature of services to which a student is entitled under  Section 504 differ by educational level?**

  Yes. Public elementary and secondary recipients are required to provide a free  appropriate public education to qualified students with disabilities. Such  an education consists of regular or special education and related aids and  services designed to meet the individual educational needs of students with  disabilities as adequately as the needs of students without disabilities are  met. 

  At the postsecondary level, the recipient is required to provide students with  appropriate academic adjustments and auxiliary aids and services that are necessary  to afford an individual with a disability an equal opportunity to participate  in a school's program. Recipients are not required to make adjustments or provide  aids or services that would result in a fundamental alteration of a recipient's  program or impose an undue burden.

**14. Once a student is identified as eligible for services under Section  504, is that student always entitled to such services?**

  Yes, as long as the student remains eligible. The protections of Section 504  extend only to individuals who meet the regulatory definition of a person with  a disability. If a recipient school district re-evaluates a student in accordance  with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines  that the student's mental or physical impairment no longer substantially limits  his/her ability to learn or any other major life activity, the student is no  longer eligible for services under Section 504. 

**15. Are current illegal users of drugs excluded from protection under  Section 504?**

  Generally, yes. Section 504 excludes from the definition of a student with  a disability, and from Section 504 protection, any student who is currently  engaging in the illegal use of drugs when a covered entity acts on the basis  of such use. (There are exceptions for persons in rehabilitation programs who  are no longer engaging in the illegal use of drugs).

**16. Are current users of alcohol excluded from protection under Section  504?**

  No. Section 504's definition of a student with a disability does not exclude  users of alcohol. However, Section 504 allows schools to take disciplinary  action against students with disabilities using drugs or alcohol to the same  extent as students without disabilities.

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**EVALUATION**

At the elementary and secondary school level, determining whether a child  is a qualified disabled student under Section 504 begins with the evaluation  process. Section 504 requires the use of evaluation procedures that ensure  that children are not misclassified, unnecessarily labeled as having a disability,  or incorrectly placed, based on inappropriate selection, administration, orinterpretation of evaluation materials. 

**17. What is an appropriate evaluation under Section 504?**

  Recipient school districts must establish standards and procedures for initialevaluations and periodic re-evaluations of students who need or are believedto need special education and/or related services because of disability. TheSection 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districtsto individually evaluate a student before classifying the student as having adisability or providing the student with special education. Tests used for thispurpose must be selected and administered so as best to ensure that the testresults accurately reflect the student's aptitude or achievement or other factorbeing measured rather than reflect the student's disability, except where thoseare the factors being measured. Section 504 also requires that tests and otherevaluation materials include those tailored to evaluate the specific areas ofeducational need and not merely those designed to provide a single intelligencequotient. The tests and other evaluation materials must be validated for thespecific purpose for which they are used and appropriately administered by trainedpersonnel.

**18. How much is enough information to document that a student has a disability?**

  At the elementary and secondary education level, the amount of information  required is determined by the multi-disciplinary committee gathered to evaluate  the student. The committee should include persons knowledgeable about the student,  the meaning of the evaluation data, and the placement options. The committee  members must determine if they have enough information to make a knowledgeable  decision as to whether or not the student has a disability. The Section 504  regulatory provision at 34 C.F.R. 104.35(c) requires that school districts  draw from a variety of sources in the evaluation process so that the possibility  of error is minimized. The information obtained from all such sources must  be documented and all significant factors related to the student's learning  process must be considered. These sources and factors may include aptitude  and achievement tests, teacher recommendations, physical condition, social  and cultural background, and adaptive behavior. In evaluating a student suspected  of having a disability, it is unacceptable to rely on presumptions and stereotypes  regarding persons with disabilities or classes of such persons. Compliance  with the IDEA regarding the group of persons present when an evaluation orplacement decision is made is satisfactory under Section 504. 

**19.****What process should a school district use to identifystudents eligible for services under Section 504? Is it the same process as thatemployed in identifying students eligible for services under the IDEA?**

  School districts may use the same process to evaluate the needs of students under  Section 504 as they use to evaluate the needs of students under the IDEA. If  school districts choose to adopt a separate process for evaluating the needs  of students under Section 504, they must follow the requirements for evaluation  specified in the Section 504 regulatory provision at 34 C.F.R. 104.35. 

**20. May school districts consider  "mitigating measures" used    by a student in determining whether the student has a disability under Section  504?**

  No.  As of January 1, 2009, school districts, in determining whether a  student has a physical or mental impairment that substantially limits that  student in a major life activity, must ***not*** consider  the ameliorating effects of any mitigating measures that student is using.  This is a change  from prior law.  Before January 1, 2009, school districts had to consider  a student’s use of mitigating measures in determining whether that student  had a physical or mental impairment that substantially limited that student in  a major life activity.  In the Amendments Act (see FAQ 1), however, Congress  specified that the ameliorative effects of mitigating measures must not be  considered in determining if a person is an individual with a disability.

  Congress did not define the term “mitigating measures” but rather  provided a non-exhaustive list of “mitigating measures.”  The  mitigating measures are as follows: medication; medical supplies, equipment  or appliances; low-vision devices (which do not include ordinary eyeglasses  or contact lenses); prosthetics (including limbs and devices); hearing aids  and cochlear implants or other implantable hearing devices; mobility devices;  oxygen therapy equipment and supplies; use of assistive technology; reasonable  accommodations or auxiliary aids or services; and learned behavioral or adaptive  neurological modifications.

  Congress created one exception to the mitigating measures analysis.  The  ameliorative effects of the mitigating measures of ordinary eyeglasses or contact  lenses shall be considered in determining if an impairment substantially limits  a major life activity.  “Ordinary  eyeglasses or contact lenses” are lenses that are intended to fully correct  visual acuity or eliminate refractive error, whereas “low-vision devices” (listed  above) are devices that magnify, enhance, or otherwise augment a visual image.

**21. Does OCR endorse a single formula or scale that measures substantial  limitation?**

  No. The determination of substantial limitation must be made on a case-by-case  basis with respect to each individual student. The Section 504 regulatory provision  at  34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon  information from a variety of sources in making this determination.

**22. Are there any impairments which automatically mean that a student  has a disability under Section 504?**

  No. An impairment in and of itself is not a disability. The impairment must  substantially limit one or more major life activities in order to be considered  a disability under Section 504. 

**23. Can a medical diagnosis suffice as an evaluation for the purpose  of providing FAPE?**

  No. A physician's medical diagnosis may be considered among other sources in  evaluating a student with an impairment or believed to have an impairment which  substantially limits a major life activity. Other sources to be considered,  along with the medical diagnosis, include aptitude and achievement tests, teacher  recommendations, physical condition, social and cultural background, and adaptive  behavior.  As  noted in FAQ 22, the Section 504 regulations require school districts to draw  upon a variety of sources in interpreting evaluation data and making placement  decisions.

**24. Does a medical diagnosis of an illness automatically mean a student  can receive services under Section 504?**

  No. A medical diagnosis of an illness does not automatically mean a student  can receive services****under Section 504. The illness must cause  a substantial limitation on the student's ability to learn or another major  life activity. For example, a student who has a physical or mental impairment  would not be considered a student in need of services under Section 504 if  the impairment does not in any way limit the student's ability to learn or  other major life activity, or only results in some minor limitation in that  regard. 

**25. How should a recipient school district handle an outside independent    evaluation? Do all data brought to a multi-disciplinary committee need to  be considered and given equal weight?**

 The results of an outside independent evaluation may be one of many sources  to consider. Multi-disciplinary committees must draw from a variety of sources  in the evaluation process so that the possibility of error is minimized. All  significant factors related to the subject student's learning process must  be considered. These sources and factors include aptitude and achievement tests,  teacher recommendations, physical condition, social and cultural background,  and adaptive behavior, among others. Information from all sources must be documented  and considered by knowledgeable committee members. The weight of the information  is determined by the committee given the student's individual circumstances. 

**26. What should a recipient school district do if a parent refuses to    consent to an initial evaluation under the Individuals with Disabilities Education  Act (IDEA), but demands a Section 504 plan for a student without further evaluation?**

  A school district must evaluate a student prior to providing services under  Section 504.   Section 504 requires informed parental permission for initial  evaluations. If a parent refuses consent for an initial evaluation and a recipient  school district suspects a student has a disability, the IDEA and Section 504  provide that school districts may use due process hearing procedures to seek  to override the parents' denial of consent. 

**27. Who in the evaluation process makes the ultimate decision regarding  a student's eligibility for services under Section 504?**

  The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that  school districts ensure that the determination that a student is eligible for  special education and/or related aids and services be made by a group of persons,  including persons knowledgeable about the meaning of the evaluation data and  knowledgeable about the placement options. If a parent disagrees with the determination,  he or she may request a due process hearing. 

**28. Once a student is identified as eligible for services under Section    504, is there an annual or triennial review requirement? If so, what is the appropriate    process to be used? Or is it appropriate to keep the same Section 504 plan in  place indefinitely after a student has been identified?**

  Periodic re-evaluation is required. This may be conducted in accordance with  the IDEA regulations, which require re-evaluation at three-year intervals (unless  the parent and public agency agree that re-evaluation is unnecessary) or more  frequently if conditions warrant, or if the child's parent or teacher requests  a re-evaluation, but not more than once a year (unless the parent and public  agency agree otherwise). 

**29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation?  How often should it be done?**

  Yes. Section 504 specifies that re-evaluations in accordance with the IDEA  is one means of compliance with Section 504. The Section 504 regulations require  that re-evaluations be conducted periodically. Section 504 also requires a  school district to conduct a re-evaluation prior to a significant change of  placement. OCR considers an exclusion from the educational program of more  than 10 school days a significant change of placement. OCR would also consider  transferring a student from one type of program to another or terminating or  significantly reducing a related service a significant change in placement. 

**30. What is reasonable justification for referring a student for evaluation  for services under Section 504?**

  School districts may always use regular education intervention strategies to  assist students with difficulties in school. Section 504 requires recipient  school districts to refer a student for an evaluation for possible special  education or related aids and services or modification to regular education  if the student, because of disability, needs or is believed to need such services.

**31. A student is receiving services that the school district maintains    are necessary under Section 504 in order to provide the student with an appropriate    education. The student's parent no longer wants the student to receive those    services. If the parent wishes to withdraw the student from a Section 504 plan,  what can the school district do to ensure continuation of services?**

  The school district may initiate a Section 504 due process hearing to resolve  the dispute if the district believes the student needs the services in order  to receive an appropriate education. 

**32. A student has a disability referenced in the IDEA, but does not require    special education services. Is such a student eligible for services under Section  504?**

  The student may be eligible for services under Section 504. The school district  must determine whether the student has an impairment which substantially limits  his or her ability to learn or another major life activity and, if so, make  an individualized determination of the child's educational needs for regular  or special education or related aids or services. For example, such a student  may receive adjustments in the regular classroom.

**33. How should a recipient school district view a temporary impairment?**

  A temporary impairment does not constitute a disability for purposes of Section  504 unless its severity is such that it results in a substantial limitation  of one or more major life activities for an extended period of time. The issue  of whether a temporary impairment is substantial enough to be a disability  must be resolved on a case-by-case basis, taking into consideration both the  duration (or expected duration) of the impairment and the extent to which it  actually limits a major life activity of the affected individual.

  In the Amendments Act (see FAQ 1), Congress clarified that an individual is  not “regarded  as” an individual with a disability if the impairment is transitory and  minor.  A transitory impairment is an impairment with an actual or expected  duration of 6 months or less. 

**34.  Is an impairment that is episodic or in remission a disability  under Section 504?**

  Yes, under certain circumstances.  In the Amendments Act (see FAQ 1), Congress  clarified that an impairment that is episodic or in remission is a disability  if it would substantially limit a major life activity when active.  A  student with such an impairment is entitled to a free appropriate public education  under Section 504.

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**PLACEMENT**

Once a student is identified as being eligible for regular or special education  and related aids or services, a decision must be made regarding the type ofservices the student needs. 

**35. If a student is eligible for services under both the IDEA and Section  504, must a school district develop both an individualized education program(IEP) under the IDEA and a Section 504 plan under Section 504?**

  No. If a student is eligible under IDEA, he or she must have an IEP. Under  the Section 504 regulations, one way to meet Section 504 requirements for afree appropriate public education is to implement an IEP.

**36. Must a school district develop a Section 504 plan for a student whoeither "has a record of disability" or is  "regarded as disabled"?**

  No. In public elementary and secondary schools, unless a student actually hasan impairment that substantially limits a major life activity, the mere factthat a student has a "record of"  or is "regarded as" disabledis insufficient, in itself, to trigger those Section 504 protections that requirethe provision of a free appropriate public education (FAPE). This is consistentwith the Amendments Act (see FAQ 1), in which Congress clarified that an individualwho meets the definition of disability solely by virtue of being “regardedas” disabled is not entitled to reasonable accommodations or the reasonablemodification of policies, practices or procedures.  The phrases "hasa record of disability" and "is regarded as disabled" are meantto reach the situation in which a student either does not currently have or neverhad a disability, but is treated by others as such.

  As noted in FAQ 34, in the Amendments Act (see FAQ 1), Congress clarified thatan individual is not “regarded as” an individual with a disabilityif the impairment is transitory and minor.  A transitory impairment is animpairment with an actual or expected duration of 6 months or less. 

**37. What is the receiving school district's responsibility under Section504 toward a student with a Section 504 plan who transfers from another district?**

  If a student with a disability transfers to a district from another school    district with a Section 504 plan, the receiving district should review the    plan and supporting documentation. If a group of persons at the receiving    school district, including persons knowledgeable about the meaning of the    evaluation data and knowledgeable about the placement options determines    that the plan is appropriate, the district is required to implement the plan.    If the district determines that the plan is inappropriate, the district is    to evaluate the student consistent with the Section 504 procedures at 34    C.F.R. 104.35 and determine which educational program is appropriate for    the student.  There is no Section 504 bar to the receivingschool district honoring the previous IEP during the interim period.  Informationabout IDEA requirements when a student transfers is available from the Officeof Special Education and Rehabilitative Services at http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

**40. What are the responsibilities of regular education teachers withrespect to implementation of Section 504 plans? What are the consequences ifthe district fails to implement the plans?**

  Regular education teachers must implement the provisions of Section 504 plans  when those plans govern the teachers' treatment of students for whom they are  responsible. If the teachers fail to implement the plans, such failure can cause  the school district to be in noncompliance with Section 504.

**41. What is the difference between a regular education intervention plan  and a Section 504 plan?**

  A regular education intervention plan is appropriate for a student who does  not have a disability or is not suspected of having a disability but may be  facing challenges in school. School districts vary in how they address performance  problems of regular education students. Some districts employ teams at individual  schools, commonly referred to as  "building teams." These teams are  designed to provide regular education classroom teachers with instructional  support and strategies for helping students in need of assistance. These teams  are typically composed of regular and special education teachers who provide  ideas to classroom teachers on methods for helping students experiencing academic  or behavioral problems. The team usually records its ideas in a written regular  education intervention plan. The team meets with an affected student's classroom  teacher(s) and recommends strategies to address the student's problems within  the regular education environment. The team then follows the responsible teacher(s)  to determine whether the student's performance or behavior has improved. In  addition to building teams, districts may utilize other regular education intervention  methods, including before-school and after-school programs, tutoring programs,  and mentoring programs.

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**PROCEDURAL SAFEGUARDS**

Public elementary and secondary schools must employ procedural safeguards  regarding the identification, evaluation, or educational placement of persons  who, because of disability, need or are believed to need special instructionor related services. 

**42. Must a recipient school district obtain parental consent prior  to conducting an initial  evaluation?**

  Yes. OCR has interpreted Section 504 to require districts to obtain parental  permission for initial evaluations. If a district suspects a student needs  or is believed to need special instruction or related services and parental  consent is withheld, the IDEA and Section 504 provide that districts may use  due process hearing procedures to seek to override the parents' denial of consent  for an initial evaluation.

**43. If so, in what form is consent required?**

  Section 504 is silent on the form of parental consent required. OCR has accepted  written consent as compliance. IDEA as well as many state laws also require  written consent prior to initiating an evaluation.

**44. What can a recipient school district do if a parent withholds consent    for a student to secure services under Section 504 after a student is determined  eligible for services?**

  Section 504 neither prohibits nor requires a school district to initiate a  due process hearing to override a parental refusal to consent with respect  to the initial provision of special education and related services. Nonetheless,  school districts should consider that IDEA no longer permits school districts  to initiate a due process hearing to override a parental refusal to consent  to the initial provision of services. 

**45. What procedural safeguards are required under Section 504?**

  Recipient school districts are required to establish and implement procedural  safeguards that include notice, an opportunity for parents to review relevant  records, an impartial hearing with opportunity for participation by the student's  parents or guardian, representation by counsel and a review procedure.

**46. What is a recipient school district's responsibility under Section    504 to provide information to parents and students about its evaluation and placement  process?**

  Section 504 requires districts to provide notice to parents explaining any  evaluation and placement decisions affecting their children and explaining  the parents' right to review educational records and appeal any decision regarding  evaluation and placement through an impartial hearing.

**47. Is there a mediation requirement under Section 504?**

  No.

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**TERMINOLOGY**

The following terms may be confusing and/or are frequently used incorrectlyin the elementary and secondary school context.

**Equal access**: equal opportunity of a qualified person  with a disability to participate in or benefit from educational aid, benefits,  or services

**Free appropriate public education (FAPE)**: a term  used in the elementary and secondary school context; for purposes of Section  504, refers to the provision of regular or special education and related  aids and services that are designed to meet individual educational needs  of students with disabilities as adequately as the needs of students without  disabilities are met and is based upon adherence to procedures that satisfy  the Section 504 requirements pertaining to educational setting, evaluation  and placement, and procedural safeguards 

**Placement**: a term used in the elementary and secondary  school context; refers to regular and/or special educational program in which  a student receives educational and/or related services

**Reasonable accommodation****:** a term  used in the employment context to refer to modifications or adjustments employers  make to a job application process, the work environment, the manner or circumstances  under which the position held or desired is customarily performed, or that  enable a covered entity's employee with a disability to enjoy equal benefits  and privileges of employment; this term is sometimes used incorrectly to  refer to related aids and services in the elementary and secondary school  context or to refer to academic adjustments, reasonable modifications, and  auxiliary aids and services in the postsecondary school context

**Reasonable modifications****: **under  a regulatory provision implementing Title II of the ADA, public entities  are required to make reasonable modifications in policies, practices, or  procedures when the modifications are necessary to avoid discrimination on  the basis of disability, unless the public entity can demonstrate that making  the modifications would fundamentally alter the nature of the service, program,  or activity

**Related services**: a term used in the elementary  and secondary school context to refer to developmental, corrective, and  other supportive services, including psychological, counseling and medical  diagnostic services and transportation

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