Section 504 Frequently Asked Questions
The following questions are frequently asked by individuals interested in Section 504 issues of school relevance.
Q: Are all schools required to adhere to Section 504?
A: Yes, all schools that receive any federal financial assistance must comply with Section 504 of the Rehabilitation Act of 1973.
Q: Are schools required to have a Section 504 Coordinator?
A: Yes, all schools must designate, in writing, a person who coordinates 504 services and protections.
Q: Are students who are covered under IDEA always eligible for Section 504 protections?
Q: Are students who are covered under Section 504 always eligible for IDEA services?
Q: Are schools responsible for referring students suspected of being eligible for Section 504?
Q: Do schools have to evaluate students who are referred for Section 504?
A: No, if the school does not believe that the student is eligible, then an evaluation is not required. However, if this decision is made, the student’s parents must be informed of their due process rights to appeal.
Q: Do schools have to formally evaluate students?
A: Yes, schools do have to evaluate students before determining their eligibility for services and before deciding which services are appropriate; however, unlike IDEA, which requires extensive testing, Section 504 includes teacher observations and other informal assessment data as appropriate assessment information.
Q: Do schools have to develop an IEP on students who are 504 eligible only?
A: No, an IEP is not required; however, schools must develop an individual accommodation plan for the student.
Q: Does a physician’s diagnosis of ADD/ADHD automatically result in a student being eligible for Section 504?
A: No, a physician’s diagnosis should be considered as one piece of documentation when evaluating the child. However, a physician’s diagnosis alone does not automatically result in eligibility for Section 504.
Q: Do schools have to reevaluate students who are receiving Section 504 services and protections?
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