Section 504 requires school districts to conduct periodic reevaluations of students with disabilities.74 Section 504 also requires school districts to conduct reevaluations prior to significant...
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Periodic Reevaluation of Students with Disabilities
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Qualified individual with a disability
Specifically, a student with a disability is a qualified individual with a disability if the student is of an age at which: (1) students without disabilities are provided elementary and...
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Record of a disability
To meet the Section 504 definition of an individual with a disability, a student could also have a record of a disability.25 Having a record of a disability means that a person either has...
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The Meaning of Disability Under Section 504
Below is a discussion of what it means to be a student or individual with a disability, and of related terms that help to comprehensively define disability as it is used in Section 504 and...
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Scenario 3 – Disabilities in Remission
A student who has an impairment that is episodic (for example, epilepsy or post-traumatic stress disorder) or in remission is considered to be a person with a disability if, when active...
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Scenario 6 – Disagreement Over Need to Evaluate
On the other hand, even if a student earns good grades, he or she may still have a disability....
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Regarded as having a disability
A student could also meet the definition of an individual with a disability by being regarded as a person with a disability.29 This could mean, for example, that the student does not have...
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Scenario 2 – Suspected Disability & Involvement of Knowledgeable People
’s grade reports; teacher observations; the student’s social and cultural background; the student’s family)....
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Mitigating measures
When determining if a person has a disability, a school cannot consider the ameliorative effects of mitigating measures when determining how the impairment impacts the major life activities...
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Scenario 10 – Procedural Safeguards
Lee told staff at her son’s school that she believes her son has a disability because he cannot seem to sit still and concentrate on his assignments. Although Ms....
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Student Evaluations and Placement Under Section 504
.44 When a school is aware of a student’s disability, or has reason to suspect a student has a disability, and the student needs or is believed to need special education or related services...
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Auxiliary Aids and Services for Students with Disabilities
Among the auxiliary aids and services that help to ensure effective communication for students with disabilities are listed below. 153 qualified interpreters note takers...
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Scenario 4 – Appropriate Testing
Juan is a student in the third grade. His teacher tests reading comprehension with written in-class quizzes....
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§104.35(a) Preplacement evaluation
(a) Preplacement evaluation. A recipient that operates a public elementary or secondary education program or activity shall conduct an evaluation in accordance with the requirements...
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31. Academic adjustments
or could modify the manner in which the music appreciation course is conducted for the deaf student....
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Parent Asks for an Evaluation of the Student
Through the Section 504-compliant evaluation process, a knowledgeable group of people will determine if the student has a disability and, if so, what services the student needs.60 Although...
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Scenario 5 – Timeframes for Evaluation
The school promised to evaluate the student, and Mr. Williams consented to the evaluation before the end of September....
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§104.37(a)(1)
(1) A recipient to which this subpart applies shall provide non-academic and extracurricular services and activities in such manner as is necessary to afford handicapped students an equal...
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17. May a school district determine that, under Title II, all children with a hearing, vision, or speech disability will receive the same auxiliary aid or service as others with that kind of disability?
Because students with disabilities experience varying levels and types of limitations from hearing, vision, or speech disabilities, and because school districts must give primary consideration...
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§104.35(d) Reevaluation
A recipient to which this section applies shall establish procedures, in accordance with paragraph (b) of this section, for periodic reevaluation of students who have been provided special...
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Scenario 7 – Reevaluations and FAPE
Salim is a student with a disability and he has a Section 504 plan. At the start of the spring semester, he received an out-of-school suspension for 12 consecutive school days....
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§104.45(a) Housing provided by the recipient
A recipient that provides housing to its nonhandicapped students shall provide comparable, convenient, and accessible housing to handicapped students at the same cost as to others....
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Scenario 9 – Unjustified Different Treatment
In this case, none of the parents of students without disabilities were told that they must attend the field trip; therefore, the school may not require Ricardo’s father’s attendance simply...
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§104.45(b) Other housing
A recipient that assists any agency, organization, or person in making housing available to any of its students shall take such action as may be necessary to assure itself that such housing...