Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law designed to protect the rights of individuals with disabilities. When a student has a mental or physical impairment that limits a major life activity the district is required to level the playing field for the student to prevent discrimination and provide access like typical peers. A student with a mental and/or physical impairment that is progressing in school without modifications and/ or accommodations, or with modifications and/or accommodations available to every student would be eligible for the non-discrimination protections under Section 504, but would not have a written 504 plan.

For students whose ongoing or long-term medical needs impact day-to-day activities and functions (ie, participating in a Physical Education classroom or receiving special accommodations in the cafeteria), a 504 plan will document instructional, behavioral, and environmental accommodations that are needed in the school setting. For students who need medical services provided by a building nurse or another trained school staff member (ie, administering medications, insulin checks), or who have short-term medical needs, an individual health plan will document the student’s medical condition and specific actions that will be taken by health office or school staff. Some students will have both a 504 plan and a health plan.

Students with an IEP are receiving an individual education plan supported by additional staffing and instruction.  504s provide program changes within general education to provide equal access, but does not provide additional services or advantage.

Indications of eligibility may include but are not limited to:

• Frequent failures
• Frequent disciplinary referrals
• Medical concerns
• Possible attention deficit
• Past referrals to special education (if student did not qualify)
• Dismissal from special education
• Return from hospitals or inpatient settings (especially psychiatric facilities)
• No success with informal classroom modifications
• Failure on statewide tests

Indications of eligibility may include but are not limited to:

• Does the student’s academic and/or behavioral performance significantly differ from typical peers?
• Does the student consistently need more time than peers to complete assignments or tests?
• Does the student consistently need substantial changes made to the standard course delivery, content or assessment?
• Does the student consistently exhibit difficulties with planning and organization, beyond what is developmentally appropriate and expected for their age?
• Has the student shown a consistent downward slope in academic progress?
• Has the student shown a consistent pattern of negative behaviors?

When writing the 504 Accommodation Plan, the team must consider accommodations or services that provide the student with an appropriate education that is individualized to the student and meets the needs of the student as adequately as it meets the needs of nondisabled students in the least restrictive environment. There may be more than one appropriate accommodation available. The team will consider which available accommodations best meet the individual student’s needs.

Note: An accommodation is an adjustment to the general education instruction or placement that enables the learner to have equal access and opportunity to benefit from the general educational program. Accommodations do not alter or lower the standard being taught.

Students with 504 Plans are subject to the Minnetonka School District Discipline policy (506). If a suspension is being considered for a student with a 504 Plan, the 504 Coordinator should be consulted. If a student reaches 10 cumulative days of suspension or is given 10 consecutive days of suspension, a Manifestation Determination meeting needs to be held with the 504 team. The District 504 Coordinator should be invited. If a student with a 504 Plan is being recommended for Administrative Transfer or for Expulsion, a Manifestation Determination meeting needs be held with the team by the 5th day of the suspension. The District 504 Coordinator needs to be invited.

To qualify as having a temporary disability, the impairment must last over six months and must limit life activities much the same as any other qualifying condition would. Examples might include treatment for cancer or recovery from a major burn. If a student regains function at levels prior to the injury or illness, the plan can be discontinued.

Parents who have concerns about their student’s evaluation or 504 plan should always talk first with their school’s 504 Coordinator and/or the school principal. For further information on the 504 grievance process, refer to your procedural safeguards/notice of parent rights.

Students who require testing accommodations for their day-to-day classroom exams may be eligible for similar accommodations on standardized tests. For State and district testing, those decisions will be made by building staff.

For standardized tests managed by outside entities (ACT, SAT, AP, etc.), the decision to provide accommodations is the sole responsibility of the testing companies; the District makes no representation about these accommodations. Students must be able to provide documentation of their disability and demonstrate a history of needing and receiving similar testing accommodations in their prior academic classes and test taking experiences. Refer to the College Board or ACT websites for more specific information on disability testing policies.