How do you decide when to go the IDEA route, as opposed to Section 504?
If the school team suspects that a child may have an IDEA disability and requires special education, a screening IEP team meeting must be held. If the school team suspects that the child may have a disability but the student does not seem to require special education, but rather accommodations, then the team should convene a Section 504 EMT and conduct a Section 504 evaluation.

What do you do when a child is impaired with a broken arm and cannot write during testing time?
According to the Office of Civil Rights (OCR), there are no hard and fast rules as to the specific temporary impairments that may constitute disabilities under Section 504. Coverage under Section 504 must be made on a case-by-case basis. OCR specifically addressed students with broken limbs (Letter to Rahall, 21 IDELR 575, (OCR 1994)) with examples of how the issue should be approached. If a right-handed student broke his left arm and the break is expected to heal normally, without complications, this would probably not constitute a disability. But if a student broke both legs, recovery is delayed by complications, surgeries, and the entire disability will last for many months, the condition likely would be covered. If the student broke the arm with which he writes, then you would work with the School's Assessment Coordinator to request the appropriate accommodations in writing.

What if the student no longer needs the accommodations of a 504? Do you get ride of the folder?
If a student is no longer eligible for a Section 504 plan, a 504 EMT should be convened and a discussion as to why the plan is no longer appropriate should be recorded. This information is maintained in a confidential folder. Refer to MCPS regulation JOA-RA "Student Records."

When do you use form 270-2B? Who completes it?
You use form 270-2B when the 504 EMT's decision is to determine a student's eligibility under Section 504. The team decides to go to a 504 Evaluation. The school team can decide who should complete the form.

How often does the medical psychological assessment need to be updated?
There are no established guidelines regarding the updating of medical/psychological testing. However, it is a reasonable expectation for the parent or school nurse to give information on an annual basis if the student is on medication. This can be done at the yearly review meeting.

What is the school psychologist role in developing the 504 plan?
The school psychologist's role may vary in the development of a 504 plan. The role of the psychologist is essential to the team in making a determination of attentional issues and whether these issues have a "substantial limitation" on a major life function or activity. Psychologist can certainly give ideas to the team when developing the plan. When possible, the psychologist should be present when sharing information about the presence of significant attentional issues. Consulting or obtaining a written update for a review meeting may be appropriate at times.

Should all 504 plans be placed in a confidential folder along with appropriate documentation.
Yes, all Section 504 plans and supporting documentation should be placed in a confidential folder.

Do we have to redo our current 504 plans? Do we need to go through the eligibility requirements again?
You do not have to redo current 504 plans. However, if there are questions about the appropriateness of plans, the team may want to consider using the eligibility or Section 504 evaluation procedure to update the plan or render a student ineligible for a plan.

Who is responsible for extended time during semester exams when a teacher needs to monitor a new class for exams or a student has a second exam on the same day?
Extended time for test is a legitimate accommodation for students who are eligible to receive it. It is up to the school administration, the testing coordinator, the child's case manager, and instructional team to problem-solve and re-deploy staff to ensure that the students get the accommodation.

Are we to employ the Section 504 evaluation form each time the 504 plan is reviewed?
Going through the eligibility process only needs to be done at the initial 504 evaluation meeting. When the 504 plan is reviewed, emphasis on the appropriateness and effectiveness of accommodations is the focus.

Is there a specific invitational letter for 504 meetings?
Yes, there are specific 504 letters. They can be found in the Section 504 Compliance Folder as well as in the Section 504 Handbook.

Where are the most up-to-date 504 plans?
The most up-to-date forms can be found in the Section 504 Handbook (revised 10/01), the Special Education Folder and MCPS Forms.

If a high school receives a 504 plan for an incoming ninth grader and the plan is out of compliance from the middle school, does the high school have to honor it?
The Section 504 plan is a legally binding document. The receiving must implement the document until a review meeting is held and the plan is rewritten or adapted.

What rationale does one give parents for keeping "common good teaching practices" off 504 plans? (e.g. wait time for ADHD students)
One would hope that what appears to be an effective instructional practice by all teachers does not necessarily holds true. Parents often have doubts as to the consistency of best teaching practices with various teachers. A student who is eligible for a Section 504 plan may warrant the accommodation to ensure his/her success in learning.

Updated July 16, 2009 | Maintained by Webmaster