February 2020: 504 plans

Part of our series on helping to explain the language of education and special education  See here for the post with the definition of terms. 

Often the language used in education can seem like gibberish if you're not familiar with the acronyms, references, and procedures.  Over the next few posts, we'll try to break down some of the language and processes that are used when we are looking for additional support for our kids. We will start with the 504 plan.

504 plans come out of the Rehabilitation Act of 1973.  Section 504 prohibits discrimination against qualified individuals with disabilities by any program/activity that receives federal financial assistance and discrimination by any program/activity conducted by a federal executive agency or the U.S Postal Service.  Each federal agency issues, administers, and enforces its own set of Section 504 regulations that fit to their program, but all regulations share common requirements.

What does this mean in terms of education?  Each public school will have someone -- usually (but not limited to) an administrator, counselor, or psychologist -- who will be in charge of managing the 504 plans.  The plans are written specifically for that school so when a student transitions to another setting/building, the plan will need to be reviewed and re-written for that specific setting.   

504 plans are created in order to modify a student's educational program within the general education classroom setting.  That is, they are created in order to "level the playing field" so that the student can access what others are accessing in the classroom using supports and accommodations.  They do not provide individualized instruction.  For example, if a student if a student breaks her leg and needs to use the elevator in order to reach her classes and needs some additional time to do so, her 504 plan would list these accommodations: "allow student elevator access; allow student extra time to move between classes."  Other examples of accommodations for students may include (but are not limited to) extended test times, reduced homework, verbal testing, specific seating assignments, and technology aids.

In order to qualify for a 504 plan, students must have a disability that substantially limits one or more major life activities.  These activities include (but are not limited to) walking, learning, breathing, communicating, concentrating, reading, and many others.  Section 504 has a broader definition of disability than IDEA, which is the law on which IEPs are based.

The 504 plan has no standard form.  Most 504 plans are written, but it is not a requirement.  504 plans usually list the disability, the areas in which the major life activities are substantially limited, a summary of the data that was gathered to make the determination, the specific supports and accommodations needed, and the contact person who manages the 504 plan.

In Newton, the 504 plans are building-specific. If a parent requests an evaluation or submits documentation from an outside provider that identifies the student as having a disability that requires  accommodations, the school will gather data from teachers and will assess the student in the indicated area of disability.  The team (including parents) will meet to determine eligibility for a 504 plan.  Once a student has been given a 504 plan, the team meets once a year to review and/or amend it. Every three years the team collects data in order to re-determine eligibility.  Of course, parents or any members of the team can request additional meetings at any time to review progress or discuss concerns. 

So what's the bottom line?  504 plans are effective for students who have a disability that is impeding their ability to access the material or curriculum in the general education setting and who need accommodations in order to access the material or curriculum in a way that is similar to same-age, non-disabled peers.  They are not effective for students who need direct instruction outside of the general education setting.  A 504 plan is separate from an IEP and is not a "step-down" or an "IEP-lite".  The 504 plan can be incredibly helpful for some students, and parents should not hesitate to ask if they feel it is needed.

Next month we will discuss IEPs and the process for determining eligibility for special education services.  Until then, be well and enjoy the sudden warm sun we're having here!

--Dr. J