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I will take the perspective of a high school guidance counselor at South Grand Prairie High School in Grand Prairie Independent School District. This legal padlet may be used by other school counselors as a resource on Section 504 and Special Education eligibility and identification.

I selected this topic because Section 504, Special Education, and educational laws are constantly changing and counselors must ensure that they are up to date, current, and complying with all related laws, policies, and standards. As a guidance counselor, you may be designated as the Section 504 coordinator on your campus which entails a myriad of responsibilities.

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I interviewed Mrs. Megan Hay, Guidance Counselor, at Florence Hill Elementary in Grand Prairie Independent School District. https://www.gpisd.org/domain/10501

Section 504 and Special Education identification and eligibility remain important in K-12 education as each student who attends school in the United States deserves an equitable and quality education. Whether a student has a disability or not, they still have the right to the same quality education as a student who does not. Federal and state laws mandate equal treatment, eligibility criteria, and how students are required to receive free appropriate public education. One of a school counselor's most important responsibilities is to advocate for students to be successful and help determine what is needed in order for them to be successful.

Best practices:

A students Section 504 plan must be followed during the 45 school day waiting period or assessment window if they are being evaluated for Special Education services. A student can receive Section 504 services and need to eventually be assessed for Special Education services (M. Hay, personal communication, February 28, 2020).

A parent has the right to request Special Education assessment, but that does not grant the student the services. There must be data, assessment results, and an educational need in order for a student to meet Special Education service criteria (M. Hay, personal communication, February 28, 2020).

As the Section 504 campus coordinator, the counselor is legally only required to meet as a 504 committee every 3 years, but Grand Prairie Independent School District requires an annual meeting to ensure that the student's accommodations are still appropriate and necessary (M. Hay, personal communication, February 28, 2020).

Current Issues:
Recently, legislation determined that dyslexia now falls under the Special Education umbrella instead of Section 504. Prior to this decision, students who were diagnosed with dyslexia were serviced under the Section 504 umbrella, which is in the realm of guidance counseling. It was determined that dyslexia should be serviced under Special Education because it is necessary to test that particular student in all areas of learning instead of just specifically testing for dyslexia. Testing all areas of learning helps to determine if there is or is not a learning disability. Legislation is constantly changing and it is critical that guidance counselors stay informed to ensure they are staying within their duties and not branching out from under the counseling umbrella.

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Taqueena Quintana and Jenna Alvarez (2019) are both assistant professors their respective universities. Taqueena Quintana is a licensed school counselor in New Jersey, Maryland and the District Columbia, and is also a licensed professional counselor in the District of Columbia. Jenna Alvarez is a licensed school counselor and a licensed professional counselor in Ohio. Quintana and Alvarez (2019) published an article for the American School Counselor Association (ASCA) discussing the importance of counselors advocating for students with disabilities.
https://www.schoolcounselor.org/newsletters/november-2019/advocacy-for-all-serving-students-with-disabiliti?st=NJ

In the article Advocacy for All: Serving Students with Disabilities, Quintana and Alvarez (2019) discuss counselors' responsibility to advocate for student success and how to specifically advocate for students with disabilities. A counselors ability to understand legislation related to students with disabilities is crucial in order to best support academic, career, and social emotional development.

Reference:
Quintana, T., & Alvarez, J. (2019, November). Advocacy for all: Serving students with disabilities. Retrieved from https://www.schoolcounselor.org/newsletters/november-2019/advocacy-for-all-serving-students-with-disabiliti?st=NJ

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Samuels (2016) describes the new guidance documents that detail the changes made by President Barack Obama regarding students with disabilities and their civil rights. The article explains:

the differences between Section 504 and the Individuals with Disabilities Education Act. One specific example is that the two define the term "disability" differently. The article describes how the term is defined differently and how that impacts how the students are potentially identified.

the school district's responsibility regarding how to evaluate students and how to provide accommodations (Samuels, 2016).

Link to article: https://blogs.edweek.org/edweek/speced/2016/12/civil_rights_protections_for_s.html

Reference:
Samuels, C. (2016, December 29). New guidance outlines civil rights protections for students With disabilities. Retrieved from https://blogs.edweek.org/edweek/speced/2016/12/civil_rights_protections_for_s.html

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Samuels (2018) describes various court cases, complaints, and settlements centered around Section 504 and special education. The article explains:

two settlements in Ohio and California that advocated for students with disabilities to be better serviced.

how a student with a disability can qualify for Section 504 and how that differs from the specific disabilities that qualify students under the Individuals with Disabilities Education Act.

the agreement between the Berkeley school district in California and the civil rights office to provide stronger identification procedures and proper Section 504 training to staff (Samuels, 2018).

Link to article: http://blogs.edweek.org/edweek/speced/2018/12/special_education_agreements_in_California_and_Ohio.html

Reference:
Samuels, C. (2018, December 17). Special education reforms at center of new settlement agreements. Retrieved from http://blogs.edweek.org/edweek/speced/2018/12/special_education_agreements_in_California_and_Ohio.html

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Federal Constitutional Law:
The 14th Amendment of the U.S. Constitution of the United States of America:

provides equal protection and due process of law.

declares that all American citizens must be treated equally regardless of race, gender, or disability (U.S. Const. amend. XIV).

Link to law: https://www.senate.gov/civics/constitution_item/constitution.htm#amdt_14_(1868)
Reference: U.S. Const. amend. XIV

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Federal Statutory Law:
The Individuals with Disabilities Education Act (IDEA):

was passed by Congress and replaced the Education of Handicapped Children Act which was passed in 1975.

ensures that all children are provided with a free appropriate public education (FAPE) in the least restrictive environment (20 U.S.C. § 1400).

Link to law: https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter33&edition=prelim
Reference: 20 U.S.C. § 1400

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State Statutory Law:
Eligibility Criteria - Texas Education Code § 29.003:

gives the eligibility criteria for students who are eligible to participate in a school district’s special education program.

A student must be at least three years old but not more than 21 years old and has one or more of the qualifying disabilities:

physical disability

intellectual or developmental disability

emotional disturbance

learning disability

autism

speech disability

traumatic brain injury

Link to law: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm#29.003
Reference: Tex. Educ. Code § 29.003.

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Judicial Law:
W.B. v. Matula - United States Court of Appeals for the Third Circuit:

Parent claimed that Section 504 and IDEA was violated due to their disabled child being repeatedly refused of evaluation and was not provided the necessary educational services.

Child was deprived of their right to a free, appropriate public education.

The child was eventually evaluated and classified as being neurologically impaired and was provided with special education services (W.B. v. Matula, 63 F.3d. 484 (3rd Cir. 1995)).

Link to law: https://www.wrightslaw.com/law/caselaw/3rd.wb.matula.pdf

Reference: W. B. v. Matula, 63 F.3d. 484 (3rd Cir. 1995)

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Slide #10 Local Administrative Law/Policy/Rule

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Slide #10 Local Administrative Law/Policy/Rule

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Grand Prairie Independent School District (n.d.) includes all of the specific details and policies regarding Section 504 in their document titled Understanding Section 504: An Overview for Grand Prairie ISD Families. The school district has implemented their own evaluation procedure in addition to the federal expectation. Federal law requires a Section 504 meeting, re-evaluation, once every three years, but Grand Prairie Independent School District's policy is to have a Section 504 meeting for each serviced student annually. The parent, teacher, counselor, or other staff member can request a Section 504 meeting at any time if they feel that the student's accommodations are not appropriate or need to be re-visited.

Reference:
Grand Prairie Independent School District. (n.d.). Understanding section 504: An overview for Grand Prairie ISD families. Retrieved from https://www.gpisd.org/cms/lib/TX01001872/Centricity/Domain/11822/Understanding Section 504.pdf
Link to policy: https://www.gpisd.org/cms/lib/TX01001872/Centricity/Domain/11822/Understanding%20Section%20504.pdf

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According to the American School Counselor Association (2016), standard A.6.c states that counselors must "connect students with services provided through the local school district and community agencies and remain aware of state laws and local district policies related to students with special needs, including limits to confidentiality and notification to authorities as appropriate" (pg. 3). This standard discusses how each student, including those with special needs, should be provided with the proper and appropriate resources and that counselors must stay up to date and aware of related state and local policies. In order to properly advocate for students and students with special needs, it is important that counselors are informed and education on how to properly identify and determine who is eligible for Section 504 and Special Education services.

Reference: American School Counselor Association. (2016). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf
Link to ASCA Code of Ethics: https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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The Understood Team (2020) created a graphic that details the differences between Individualized Education Programs (IEP) and Section 504 plans. The graphic is laid out visually that makes it easy to read and comprehend the specifics and differences between the two. Two specific sections of the graphic that are particularly helpful for a guidance counselor are Who's Eligible and What Law Applies (The Understood Team, 2020).

Reference:
The Understood Team. (2020, February 12). The difference between IEPs and 504 plans. Retrieved from https://www.understood.org/en/school-learning/special-services/504-plan/the-difference-between-ieps-and-504-plans
Link:
https://www.understood.org/en/school-learning/special-services/504-plan/the-difference-between-ieps-and-504-plans

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The following are best practices or recommendations that were gathered while researching Section 504 and Special Education eligibility and identification as it applies to guidance counselors:

A student must have one or more of the thirteen specifically designated disabilities in order to be considered eligible for Individualized Education Programs (IEP) and the disability must affect the child's educational performance or ability to learn from the general education curriculum.

A student with any disability can be considered eligible for Section 504 as long as the disability interferes with the child's ability to learn in the general education classroom.

A child who does not qualify for an IEP might still be eligible for a Section 504 plan.

A parent or caregiver must consent to evaluating the child for both Section 504 and an IEP.

An IEP team must review the IEP at least once a year, but a Section 504 team is only required to visit, re-evaluate, once every three years.

The Individuals with Disabilities Education Act (IDEA), which is a federal law for children with disabilities, applies to IEP. The Section 504 of the Rehabilitation Act of 1973, a federal civil rights law to prevent discrimination against those with disabilities, applies to Section 504 (The Understood Team, 2020).

Dyslexia now falls under the Special Education umbrella and not the Section 504 umbrella due to the need for assessment and evaluation across all areas of learning.

A students Section 504 plan must be followed during the 45 school day waiting period or assessment window if they are being evaluated for Special Education services. A student can receive Section 504 services and need to eventually be assessed for Special Education services.

A parent has the right to request Special Education assessment, but that does not grant the student the services. There must be data, assessment results, and an educational need in order for a student to meet Special Education service criteria.

As the Section 504 campus coordinator, the counselor is legally only required to meet as a 504 committee every 3 years, but Grand Prairie Independent School District requires an annual meeting to ensure that the student's accommodations are still appropriate and necessary (M. Hay, personal communication, February 28, 2020).

References:
The Understood Team. (2020, February 12). The difference between IEPs and 504 plans. Retrieved from https://www.understood.org/en/school-learning/special-services/504-plan/the-difference-between-ieps-and-504-plans