A 504 plan is one vital tool that can support students who need accommodations (and sometimes more) to access a free and appropriate public education. It is crucial to ensure that every student has equal opportunities to thrive and succeed in school. If you’re the parent or guardian of a child with a disability, an older student, or an educator seeking to understand 504 plans better, this blog post will provide you with a comprehensive overview of the 504 Plan in Maryland and how it ensures that students with disabilities’ needs are met “as adequately as the needs of [students without disabilities].” 34 C.F.R. 104.33(b)(1)
What is a 504 Plan and what is the legal basis?
The 504 Plan is a legal document that is based on Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). Section 504 aims to ensure that students with disabilities have equal access to educational opportunities and accommodations in public schools. It also provides protection from discrimination and retaliation based on disability. For example, students with disabilities may not be excluded from field trips or have shortened school days due to their disabilities, as this would be discriminatory. A 504 plan can provide supports and reasonable accommodations, allowing students to participate fully in the general education academic environment equally with their non-disabled peers. In some cases, a 504 plan may provide access to certain direct services, contrary to popular belief.
What’s in 504 Plan?
Accommodations, modifications, and services in a 504 plan refer to specific adjustments made to the student’s learning environment, teaching methods, assignments, or the way tests and assessments are given to ensure equal access to the same education that any other student receives– in other words, a 504 plan should “equal the playing field.” These accommodations are tailored to meet the individual needs of the student and may include:
Classroom Modifications: Adjustments made within the classroom to support the student’s learning, such as preferential seating, access to assistive technology, or specialized furniture.
Instructional Strategies: Adaptations in teaching methods to address the student’s learning needs, including providing visual aids, breaking tasks or assignments into smaller steps (“chunking,”) or allowing additional processing or response time.
Assignment Modifications: Changes made to assignments or homework to accommodate the student’s needs, such as shortened or modified assignments, alternative formats for response, or the provision of models, “brain frames,” rubrics, formulas, or teacher notes.
Testing Accommodations: Adjustments provided during assessments or exams, which may include extended time, frequent breaks, use of assistive technology, or alternative assessment formats (like verbal responses).
Environmental Modifications: Changes made to the physical environment to support the student’s needs, such as noise reduction headphones or quiet locations, ramps, elevators, or other physical access accommodations, access to different lighting, or seating arrangements that minimize distractions.
Behavioral Supports: Implementation of strategies to address behavioral challenges, such as the use of a behavior plan, social-emotional support, or counseling services.
Communication Supports: Provision of tools or methods to enhance communication, such as text-to-speech, speech-to-text, other assistive technology, sign language interpreters, or access to speech therapy services.
Health Management: Accommodations related to managing the student’s health needs, including medication administration, diabetic care, scheduled breaks, access to snacks or water, or assistance with mobility.
It’s important to note that the specific accommodations included in a 504 plan depend on the student’s individual needs, as determined through evaluation and input from parents, teachers, and relevant professionals. The purpose of these accommodations is to provide the necessary support and to remove barriers that may hinder the student’s ability to fully participate in and access the same education as their non-disabled peers.
Who qualifies for a 504 Plan?
To qualify for a 504 Plan, a student must have a disability that substantially limits one or more major life activities, such as learning, concentrating, moving, or communicating. The disability might include physical impairments, medical conditions, mental health disorders, or learning disabilities that affect the student’s educational performance. This list, and eligibility for protection under 504 is meant to be broad and includes a very wide variety of physical, psychological, neuropsychological, attention or learning issues.
The list of qualifying disabilities intentionally does not set a complete list of specific diseases, conditions, or physical or mental impairments because it is meant to be quite broad. The regulations controlling eligibility specifically state that eligibility is meant to be inclusive. In fact, Congress directed that the definition of disability shall be construed broadly and that the determination of whether an individual has a disability should not demand extensive analysis. 42 U.S.C. § 12102.
The Americans with Disabilities Act Amendments Act of 2008 confirmed the broad coverage of the ADA and section 504. A “disability” is meant to be “construed broadly in favor of expansive coverage to the maximum extent permitted.” 14 CFR § 1251.100. How can you best use this information in a 504 eligibility meeting? Bring a copy of this language! Remind the team about the legal standard for eligibility!
Students who may require a 504 plan are individuals who may have, but are not limited to:
- Attention Deficit Hyperactivity Disorder (ADHD)
- Depression
- Anxiety
- Epilepsy
- Diabetes
- Dyslexia or other learning disabilities that do not require an IEP
However, this is not an exhaustive list, and many other conditions may be covered.
A frequent question is whether eligibility under 504 is determined with or without considering things like taking medications that effect the condition (like those for ADHD) or using assistive devices or prosthetics. The answer is no. Eligibility teams should NOT consider ameliorative effects of measures like these. Put simply, if the student takes ADHD medication for example, and that helps the ADHD symptoms, that should not be considered in determining eligibility. A medicated student with ADHD who does better on medication but would still need accommodations off the medication is very likely eligible. A student who uses an assistive device or interpreter, and can therefore participate is not disqualified from eligibility.
Developing a 504 Plan
The process of developing a 504 Plan involves collaboration among the student’s parents or guardians, school staff, and relevant professionals, but guidance on who should be part of this team in Maryland is much less clear than for an Individualized Education Program (IEP). It begins with an evaluation and assessment of the student’s needs and documentation of their disability. This information is then used to determine appropriate accommodations and services to support the student’s learning and access to the curriculum. The 504 Plan is developed, outlining specific accommodations, modifications, and support services tailored to the student’s individual needs. In Maryland, 504 plans in public schools are written, but this is not a Federal requirement.
Accommodations and Support Services
The accommodations and support services provided in a 504 Plan are designed to level the playing field for students with disabilities. Examples of accommodations may include extended time for tests, preferential seating, assistive technology, modified assignments, and additional breaks. Although it is a common misconception that 504 plans in K-12 environments only provide accommodations, in fact, support services could involve counseling, speech therapy, or occupational therapy, and other direct services, depending on the student’s specific needs.
Implementing and Reviewing the 504 Plan
Once the 504 Plan is developed, it is implemented by the school staff, teachers, and relevant service providers. Regular review meetings are conducted to ensure that the accommodations and services outlined in the plan are effective in supporting the student’s progress, but again, the timelines are not as structured as for an IEP in Maryland. If necessary, adjustments can be made to better address the student’s evolving needs. Parents and students should feel free to request a meeting to discuss the 504 plan at any time – there is no need to wait for an annual date or an invitation from the school.
If you believe your child may benefit from a 504 Plan, reach out to your school’s designated 504 coordinator to initiate the process. Remember, every student deserves an equal chance to succeed, and the 504 Plan can help make that possible.
This blog post is for informational purposes only. It is not legal advice and does not create an attorney-client relationship.