Public schools are required by the U.S. Department of Education to individually evaluate each student suspected of having a disability in need of special education or related services. A parent does not have an absolute right to a Section 504 evaluation upon request. Rather, a school must evaluate a student if the school has reason to believe the student is in need of special education or related services because of a disability.

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. 

• An impairment/diagnosis 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. 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.
• 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, or interpretation of evaluation materials.
• 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. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. 
• 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.
• The Section 504 regulatory provision at 34 C.F.R.104.35 (c)(3) requires that school districts ensure the determination that a student is eligible as a person with a disability 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.
   

• Section 504 regulations and the U.S. Department of Education do not require schools to develop written 504 plans.
• A written Section 504 Plan is a useful way to document that the school district engaged in a process to identify and address the needs of a student with a disability and to communicate to school personnel the information needed for successful implementation.
• If a district chooses to create student-specific 504 plans, the style, template, process, and contents are entirely up to the school district and the professional judgment of the school team members. 
• “Section 504 is a statute that prohibits discrimination, rather than requiring affirmative action to overcome a student’s disability.” See OSEP Letter to Zirkel (8/23/1993)

• Section 504 defines an “appropriate” education as the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met. 34 CFR 104.33 (b).

• “To offer an ‘appropriate’ education under the Rehabilitation Act, a school district must reasonably accommodate the needs of the handicapped child so as to ensure meaningful participation in educational activities and meaningful access to educational benefits.” Ridley Sch. Dist., 680 F.3d at 280.

Are public schools required by disability laws (IDEA, 504) to maximize a student’s potential and/or ensure they perform above average (i.e., commensurate with their cognitive ability)?

• Section 504 does not require a public school district to provide students with disabilities with potential-maximizing education, only reasonable accommodations that give those students the same access to the benefits of a public education as all other students.” J.D. v. Pawlet School District (2nd Cir. 2000). 
• A school district “does not need to offer education that maximizes each child's potential.”  R.S. v. Montgomery Twp. Bd. of Educ., (2012)
• “A common misconception, especially among some parents, is that unless the Section 504 eligible student is making A’s, his Section 504 plan is inadequate and a FAPE is not being provided. Section 504 does not guarantee a particular outcome or result, but instead focuses on a level playing field.” (Richards, D. M. (2012) The Top Section 504 Questions That Challenge Administrators, LRP Institute)
• "A District’s obligation is to provide an “appropriate” education, not the “best possible” one. " Molly L. ex rel B.L. v. Lower Merion Sch. Dist. (E.D. Pa. 2002) (DuBois, J.) (citing Carlisle Area Sch., 62 F.3d at 533–34)

504 PLAN WRITING TIPS

Section 504 of the Rehabilitation Act of 1973

Parent/Student Rights Regarding Identification, Evaluation, and Placement

The Parkway School District Board of Education is committed to maintaining an educational environment that is free from discrimination and harassment in admission or access to, or treatment in, its programs, services, activities, and facilities. In accordance with law, the district strictly prohibits discrimination and harassment against students or employees on the basis of race, color, religion, sex, gender, national origin, ancestry, disability, age, genetic information, sexual orientation, gender identity or any other characteristic protected by law. AC.BP

Section 504 of the Rehabilitation Act of 1973  is a disability anti-discrimination statute enacted by the United States Congress. The Act states:

No otherwise qualified individual with a disability in the United States… shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 

A person with a physical or mental impairment that substantially limits one or more major life activities (e.g., learning, walking, seeing, concentrating) or bodily functions (e.g., respiratory system, endocrine system, neurological functions) qualifies as a person with a disability under Section 504. A ‘504 Plan’ may be necessary to document any individualized supports, accommodations, modifications, aids, or services a student with a disability requires for access to and benefit from public education.

 The following procedural safeguards and rights are granted by law to students with disabilities (or pending evaluation) under Section 504 and/or their parents or legal guardians.

Students eligible under Section 504 have the right to...

• participate in and benefit from public education programs without discrimination, including extracurricular and nonacademic activities offered by the school/district.

• receive a free appropriate public education (FAPE), including the supports, modifications, aids, accommodations, and services at no cost to parent/guardian, necessary to provide a student with a disability an equal opportunity to access and benefit from public education comparable to that of non-disabled students. 
• be educated with students without disabilities to the maximum extent appropriate.

• be educated in facilities and receive services comparable to those provided to students without disabilities.

• have evaluation, educational, and placement decisions be based upon a variety of information sources and be made by persons who know the student, evaluation data, and placement options.

• periodic reevaluations/reviews/revisions of their disability status and needs. Generally, an evaluation will take place at least every three years.
• reevaluation prior to a disciplinary change of placement by means of a manifestation determination review to determine if the student’s misconduct was caused by, or had a direct and substantial relationship to the student’s disability or whether the conduct was a direct result of the District’s failure to implement the student’s 504 plan or other disability-related support plans. Manifestation determination reviews are conducted when: 
  • The suspension or expulsion will be for more than 10 consecutive school days; or
  • The student has been subjected to a series of suspensions that total more than 10 school days in a school year and a pattern of exclusion exists.

• receive special education and related services if eligible under the Individuals with Disabilities Education Improvement Act (IDEA).

Parents/guardians (or, when applicable, majority-age students) have the right to…

• be kept fully informed of decisions made about their children.

• request changes in your child’s educational program.

• receive information about their rights under federal disability laws.

• receive prior written notice with respect to the disability identification, evaluation, or placement (i.e., accommodations, services) of their child.
• refuse consent for the initial evaluation and initial placement of your child.
• examine all relevant records relating to decisions regarding their child’s identification, evaluation, educational program, and placement and obtain copies of educational records and a response to reasonable requests for explanations and interpretations of their child’s records.
• receive all information in your native language or another primary mode of communication. 

• request amendment of their child’s educational records if there is reasonable cause to believe that the records are inaccurate, misleading, or otherwise in violation of the privacy rights of their child. See Parkway Board Policy JO.BP & Administrative Procedures JO.AP for more details. 

• submit complaints/appeals related to identification, evaluation, educational program, or placement in accordance with Parkway Board Policy IHBA.BP.

• Complaints/appeals are to be submitted in writing to the Parkway Superintendent. Include the nature of the complaint, circumstances giving rise to the complaint, and the relief requested. Investigations shall be prompt and may include an informal meeting with the superintendent or his/her designee to attempt resolution. 
• Complaints also may be filed with the U.S. Department of Education Office for Civil Rights (OCR). 

OCR Kansas City Office  

(816) 268-0550

Email: OCR.KansasCity@ed.gov  

OCR website: www.ed.gov/ocr

• request a formal impartial due process hearing by an appointed hearing officer.

• A written request should be sent to the Parkway Superintendent at the Parkway Administrative Center; 455 N. Woods Mill Rd.; Chesterfield, MO 63017.
• Include the nature of the complaint, circumstances giving rise to the complaint, and the relief requested.

Parkway Section 504 Compliance Coordinator

Alyssa Gratz, M.S., S.S.P.

314-415-5295 

Email: agratz@parkwayschools.net 

• Section 504: The Law - Direct Link to Section 504 of the Rehabilitation Act
• Parent & Educator Resource Guide to Section 504 (English version)
• Parent & Educator Resource Guide to Section 504  (Spanish Version)
• Section 504 Frequently Asked Questions - U.S. Department of Education
• Parkway Policy IHBA.BP: Educational Program for Students with Disabilities
• Contact the Office for Civil Rights
• File a Discrimination Complaint with OCR - Information and forms to file a discrimination complaint

The Parkway Advisory Council for Children with Disabilities (PACCD) is a group of volunteer parents of children with disabilities. The PACCD is committed to ensuring all students with special needs in Parkway receive a high-quality education and services to meet their needs. Through ongoing communication between parents, Parkway administration, and Special Education administrators, the PACCD is a voice for the parents of all students with disabilities.

If your child receives special education services, has been diagnosed with a Section 504 disability, or is suspected of having a disability (i.e., being referred/evaluated), Parkway welcomes your involvement in a volunteer parent organization committed to securing quality education for students with special needs. Parents can become involved with the PACCD at the school and district levels.

Each school has one or more parent representatives who select and advise a district-level steering committee. The steering committee meets with Parkway and Special School District (SSD) administrators and acts in an advisory capacity regarding programs and services for students with disabilities. The organization also provides support and information to parents and sponsors general meetings for anyone interested in attending.

If you have questions, want assistance or information, and/or would like to be a PACCD representative for your child’s school, contact PACCD Leadership, Abigail Finney and Olivia Mendez-Alm, at contactpaccd@gmail.com.

 

Alyssa Gratz, M.S., SSP Special Services/504 Coordinator	District-wide	314-415-5295 agratz@parkwayschools.net
Karen Wood Administrative Assistant	Special Services	314-415-4934 kwood@parkwayschools.net
Kimberly Hamilton, Ed.S. School Psychologist	District-wide Early Childhood Oak Brook Wren Hollow South Middle Fern Ridge	314-415-5296 khamilton2@parkwayschools.net
NORTH AREA SCHOOLS
Molly Nuño, Ed.S.  School Psychologist	Bellerive Elementary Craig Elementary  McKelvey Primary & Intermediate Ross Elementary Northeast Middle North High	314-415-3636 mnuno@parkwayschools.net
CENTRAL AREA SCHOOLS
Erin (Brown) Gallagher, Ed.S. School Psychologist	Green Trails Elementary Highcroft Ridge Elementary River Bend Elementary Shenandoah Valley Elementary Central Middle Central High	314-415-3467 egallagher@parkwayschools.net
Kelsey Calhoun, Ed.S.  School Psychologist	Claymont Elementary Henry Elementary Mason Ridge Elementary Pierremont Elementary West Middle West High	314-415-9076 kcalhoun@parkwayschools.net
SOUTH AREA SCHOOLS
David Young, Ph.D. School Psychologist	Barretts Elementary Carman Trails Elementary Hanna Woods Elementary Sorrento Springs Elementary Southwest Middle South High	314-415-3516 dyoung1@parkwayschools.net

 

*Testing accommodations will only be granted when there is evidence that a student's disability symptoms are substantially impacting thier ability to demonstrate thier learning within the average range of expectancy, based on thier grade level. 

*504 Plans do not include testing accommodations to assist a student with maximizing thier potential or performing above the average range. 

*Schools are not required to evaluate students to satisfy the application rules of the testing agencies. Schools are required to reevaluate students with disabilities every 3 years, which may be outside of the testing company window for recent evaluation requirements. 

*Schools are not required to develop or maintain a 504 plan for the sole purpose of college entrance exams. 

MISSOURI ASSESSMENT PROGRAM (MAP) TEST ACCOMMODATIONS

College Board: Who Is Eligible for College Board Accommodations?

• The PSAT and SAT are administered by a non-profit organization called the College Board. 
• Students who receive disability-related accommodations for in-school tests do not automatically qualify for accommodations on College Board exams, even if they have an IEP or a 504 plan.
• Each request for accommodations on College Board examinations is reviewed on a case-by-case basis and must be approved by the College Board’s Services for Students with Disabilities.

 

ACT Policy for Requesting Accommodations

ACT PERCENTILE RANKS: How do my scores compare to other students?

• The ACT exam is administered by a non-profit company with the same name. 
• ACT acknowledged that qualifying for an IEP or 504 plan requires a rigorous evaluation/review process to determine if the student needs supports on standardized tests like the ACT exam.
• ACT also provides accommodations for any student without an IEP or 504 Plan who can demonstrate that they have a “physical or mental impairment that substantially limits a major life activity,” and make a request for accommodations that is reasonable.

 

How To Address Test Anxiety

• Exam anxiety can cause students to “go blank,” become frustrated, or doubt their intellectual abilities. This test anxiety booklet helps students and parents better understand exam anxiety and offers methods to help students cope with test anxiety and succeed in their courses. Students should read this booklet carefully, consider which aspects of test anxiety applies to them, then identify coping strategies that may help address the anxiety.

TEST PREP & TEST TAKING STRATEGIES RESOURCES

• A+ Tutors - speak with your school counselor for more details
• Private tutors & community tutoring agencies 
• St. Louis Co. Public Library: Peterson's Test & Career Prep
• St. Louis Co. Public Library: Test Prep Digital Resources 
• ACT/SAT Test Prep Resources

U.S. Dept of Education: Students with Disabilities Preparing for Postsecondary Ed FAQ

ADA National Network: Postsecondary Institutions and Students with Disabilities