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Section 504
Author
Jane Swiss, Ed.D., University of Saint Francis

Module Description
This module is intended to provide information for the school administrator regarding Section 504 of the Rehabilitation Act of 1973 and its relationship to the educational setting to provide a free and appropriate public education. The module’s Instructional Events section (includes Narrative) is organized as follows:
  1. Discussion questions
     
  2. Terminology & key concepts
     
  3. Frequently asked questions by school administrators, educators, parents, and advocates with responses from the U.S. Department of Education, Office of Civil Rights  
     
  4. Quick reference for decision making  
     
     
  5. References
The Section 504 web module will improve training/professional development/technical assistance through the intended activities which have the potential for statewide impact.  The goal of the outcomes stated below is to develop an awareness and a conceptual understanding the key concepts Section 504 and how this section of the law relates to providing an appropriate education.
 
Instructional Outcomes
 Upon completion of this module the user will be able to:
  • Understand the purpose of Section 504  
     
  • Identify who is protected under Section 504  
     
  • State what constitutes a limiting major life activity  
     
  • Appropriately assess eligibility for Section 504  
     
  • Use the appropriate process and documentation for identifying eligibility for Section 504
     
Instructional Proficiencies

The administrator has a knowledge and understanding of:  

Standard #3: Management

  • Knowledge #3 - Operational policies and procedures at the school and district level.   

Standard #5: Acting with Integrity and Fairness and in an Ethical Manner.         

  • Knowledge #2 – Values, ethics, and challenges of the diverse school community.   

Standard #6: The Political, Social, Economic, Legal, and Cultural Context.         

  • Knowledge #3 – The law as related to education and schooling.       
  • #5 – Models and strategies of change and conflict resolution as applied to the larger political, social, cultural, and economic contexts of schooling.       
  • #7 – The dynamics of policy development and advocacy under our democratic political system.
Instructional Events
1.    Read and Review Assignment: Read and review the information contained in the narrative section of this module. This information will be used to answer questions posed in a web-based discussion group or as individually completed via e-mailed responses.
 
Discussion Questions
  • Are parochial school students eligible for Section 504? Support your response.  
     
  • Explain why a student with a diagnosed disability and an Individual Education Plan (IEP) would need a Section 504 if the IEP is effectively developed and implemented?  
     
  • Is the evaluation process for Section 504 eligibility different from the one used for IDEAI? If so, explain the differences and relevance.  
     
  • Must a student have a disability to be eligible for Section 504 services? Support your response. 
     
     
  • What are the differences between an IEP, a general/regular intervention plan, and a Section 504 plan?  
     
  • Are schools mandated to apply standard to students with disabilities, and if so, what are the consequences for schools found in violation?
2.  “Make the Case” Assignment: Read and analyze the following case study. Your understanding of the case study’s diagnosis is critical to for you to address his parents request for a Section 504 plan for his two sisters. The emotional stressors associated with Will’s chronic and terminal illness/disabling condition are impacting the sisters’ on a variety of academic related levels (i.e. attendance, completing assignments on time, grades). Using the information in the narrative section of this module, make a case for implementing or not implementing a Section 504 according to the eligibility requirements. In actual practice, the multidisciplinary committee determines if eligibility requirements are met. As a reference tool, you may use a 504 template from your school district or the sample provided at the Sample Section 504 Plan. Finally, a Section 504 Checklist is provided following Instructional Event #2. The outcome product of this event is a paper supporting the decision to implement or not implement a Section 504. Please include the following:  
  1. Response to eligibility requirements with special attention given to those which support your decision
     
  2. Include any references or resources utilized  
     
  3. Note the membership of the multidisciplinary team 
     
  4. State the conclusion and actions to be taken by the school
Instructional Evaluation
Instructions for Use of the Rubric (can be used to evaluate the Discussion Area Responses and the Section 504 Paper)
  • Rate each of the criteria on a scale from 0 to 3 by writing in a number.
     
    • A rating of 0 indicates a criterion that is not addressed at all or that is addressed poorly or inadequately. (If, for certain criteria, the project does not include any work by which it could be assessed, assign a 0 for the applicable rows. Participation, or the amount of work submitted, will be addressed separately from this assessment.)
        
    • A rating of 3 indicates work that provides varied and ample evidence of deep understanding with respect to this criterion. It indicates work that shows careful thought about design, planning, and enactment.
       
  • Add up the ratings to obtain a Raw Score.
     
  • Convert the Raw Score to an Overall Rating of 1, 2, or 3 using the following rule:

    • 00 – 07 = 1
       
    • 08 - 14 = 2
       
    • 15 – 20 = 3 

Name of project being assessed:
Overall Rating (from below):
0, 1, 2, 3
Date of submission:
Instructor (person submitting this form):
Date:

Understanding the responsibilities related to Section 504
0, 1, 2, 3
1. Understanding of key concepts, processes, uses of in the subject matter (often, but not always, as defined by national, state, or local standards, as well as by expertise).
 
2. Performances align with and demonstrate the participant’s exploration, appreciation, and deepening understanding of goals.
 
3. The participant’s responses reflect an understanding of the purpose and practical role of the administrator’s responsibility as relevant to Section 504.
 
4. The participant effectively discusses the procedures, policies, and implementation of a Section 504 which demonstrates the participant’s ability to identify and maintain focus on “essential content, processes, and products.”
 
5. The participant engages in the discussion actively. His/her responses reflect thinking about content and key concepts producing thoughtful work related to the content.
 
Raw Score (sum of scores for the criteria):
 
Spicer, D. E. (2006). The Three-Step Assessment Tango: Nurturing and measuring learning in online professional development. The Evaluation Exchange. (vol. XI, 4).

 
References
 
The Chicago Office of the Office for Civil Rights developed the Questions and Answers in the narrative section in response to numerous requests from educators, parents and advocates in Wisconsin to clarify the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, in the area of elementary and secondary education.
 
Key Concepts section information was provided by the PEER Project, Section 504, the Americans with Disabilities Act, and Education Reform
 
Quick Reference section information provided by Richards, Lindsay & Martin, LLP
 
Regulations for Section 504 are provided by the U.S. Department of Education, A Guide to Disability Rights Laws
 
Spicer, D. E. (2006). The Three-Step Assessment Tango: Nurturing and measuring learning in online professional development. The Evaluation Exchange. (vol. XI, 4).
 
Resources
 
PART 104 -- NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
 
Richards, David. Council of Exceptional Children. Overview of Section 504. http://www.504idea.org/504overview.html
 
Wikipedia Encyclopedia. Section 504 of the Rehabilitation Act. http://en.wikipedia.org/wiki/1973_Rehabilitation_Act
 
Fairbanks North Star Borough School District Resources Homepage. http://www.northstar.k12.ak.us/index.php?i_page=466
 
Council for Exceptional Children (2002).Understanding the Differences Between IDEA and Section 504.  http://www.ldonline.org/article/6086.
 
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