504 and ADA

Kevin's mom brings a diagnosis of ADHD to the school. Kevin is in 4th grade and has been having difficulty focusing but is well-behaved and getting good grades in class. The parent requests help from the school and asks what can be done next since she provided a medical diagnosis of ADHD. What should the school do now?

• The school should complete an evaluation to determine if the student is eligible for a 504 plan.

• The school should thank the parent for providing a medical diagnosis but is not required to evaluate him. This is based on the fact that Kevin is doing well in class and the ADHD does not seem to be impacting him in the education setting.

Answer explanation

Although a school district does not have to evaluate a child under Section 504 solely upon parent request. It is best practice to do so, in order to determine if they have an identified disability that substantially limits one or more major life activities, has a record of such impairment, or are regarded as having such impairment. (This is not simply if the impairment affects the child’s ability to learn but how it affects their access to an equal opportunity to participate in the school’s programs.) If a parent requests an evaluation, and the school district refuses, the school district must provide the parent with notice of their procedural rights under Section 504.

Jessica, a 15-year-old student with a 504 for ADHD tries out for the basketball team but cannot shoot, dribble, or pass the ball. As a result, the coach does not allow her to play on the team. Jessica's parents are upset and claim their child is being discriminated against and should be allowed to be part of the team due to protections under Section 504. Do you agree or disagree with her parents?

• Agree, the student has a 504 plan, so she should be provided accommodations that will allow her to be a successful member of the team.

• Disagree, the student was not otherwise qualified, so there is no discrimination.

Answer explanation

Section 504 and the ADA require that “reasonable accommodations” must be provided for an individual who can establish that he/she has a “disability” and that he/she is “otherwise qualified” to participate in the sport or activity in question.

Otherwise qualified is defined as “satisfying all of the essential skill, ability, physical and eligibility requirements for participation either in spite of the disability or with reasonable accommodations for the disability.”

You work in a school that has kindergarten through 3rd grade on the first floor, and 4th - 5th grade on the 2nd floor. You have a 4th-grader who uses a wheelchair and their class would normally be housed in one of the upstairs classrooms. However, your school does not have an elevator. What should you do according to the ADA and Section 504?

• Your school needs to be wheelchair accessible in all areas. So, the district will need to plan to renovate in order to add an elevator to the building.

• Move the third-grade class to a first-floor classroom.

Answer explanation

Under ADA and Section 504, for facilities constructed prior to June 4, 1977, elevator access is not required. However, access to programming is required. So even if parts of a facility are not physically accessible the programs and activities need to be made available.

Sarah is a 6th-grade student who has Type 1 Diabetes and a 504 plan. This plan allows her to check her glucose levels and to have someone from the school monitor the dosages of her insulin injections during the school day. She wants to participate in the cooking club next school year, after school. What needs to happen next?

• The school/district needs to inform the club sponsor of the medical needs and provide school personnel or nurses to monitor the student's health needs after school hours.

• The school/district does not need to do anything. Since it is an after-school activity, the parent needs to assume responsibility for the student's health.

Answer explanation

Schools must provide an equal opportunity for participation in activities and non-academic services (clubs/afterschool activities). The district therefore must make reasonable modifications/accommodations as needed. UNLESS the modification would result in a fundamental alteration of the nature of the athletic activity.

Your school attendance policy states that after a student has accumulated 5 absences in a quarter, the student will receive detention, and the school will require a doctor's note for any additional absence that quarter. Can a 504 of IEP accommodation exempt a student from the consequence of this policy?

• YES

• NO

Answer explanation

Yes, if the school team has written the accommodation in such a way that it is specific and the absences are related to the student's identified eligibility.

Students in the 8th-grade classroom repeatedly call a student with a learning disability "stupid" and "idiot." They call him names on the bus and during school. On one occasion, the student was chased, hit with a binder, and his belongings were stolen by his peers. The student disclosed this to his teachers and the social worker. The student received counseling services but the offending students did not receive consequences. The bullying continued and the student now refuses to come to school, is angry, and is depressed. Does this constitute protection under Section 504?

• Yes

• No

Answer explanation

This constitutes disability harassment under Section 504 and Title II of the ADA. The bullying was based on the student's disability and limited his ability to benefit from the educational program (chronic absenteeism). The school must make every effort possible to investigate and remedy the situation. Possible remedies could include restorative justice, school consequences for offending students, no contact agreements, counseling, and staff monitoring of the students involved.