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As a middle school counselor, the purpose of this legal guide is to inform teachers of their mandated obligation to fulfill the duties outlined in a student’s 504 plan. I chose this topic due to my concern that the rights of students are being violated when teachers fail to implement accommodations and modifications for their students.

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In education, every student is entitled to a free appropriate public education (FAPE), including students with disabilities. Unfortunately, some are still being denied this right as teachers fail to implement a student’s 504 plan. It is important to address this to ensure each and every student receives a free appropriate public education and teachers understand how to fulfill this obligation.
Since students with disabilities, regardless of the nature or severity, have the same right to a FAPE as all other students, these students may require special services in order to level the playing field. Section 504 laws require all public schools to meet the individual educational needs of their disabled students in the most appropriate way possible. This may include accommodations, modifications, aids, special tools, or extra services that allow students to be educated with their peers to the fullest extent and receive an appropriate education through evaluation and placement methods. If a FAPE is not provided for every student, legal implications through due process may be pursued by the parents or guardians of the student whose rights have been violated through the Office for Civil Rights of U.S. Department of Education. Violations of Section 504 could result in the school district's loss of federal funding.
U.S. Department of Education. (2020, January 16). Free Appropriate Public Education (FAPE). Office for Civil Rights. https://www2.ed.gov/about/offices/list/ocr/frontpage/pro-students/issues/dis-issue03.html

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The Texas Education Agency created a document for educators and parents  to provide technical assistance for Section 504 Laws. It is intended only to provide general information, not legal advice.
Texas Education Agency. (2020). Technical assistance: Section 504. https://tea.texas.gov/sites/default/files/504GuideFinalforReview3.10.20%28v2%29.pdf

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Slide #4 Current News Articles in Education Week- Do Distressed Students Have a Right to Trauma-Sensitive Schooling: 

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Slide #4 Current News Articles in Education Week- Do Distressed Students Have a Right to Trauma-Sensitive Schooling: 

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There are currently three lawsuits being tried nationwide claiming schools have a responsibility to alleviate the effects of trauma on learning. Once concluded, schools may have to make adjustments to their practices based on the effects of trauma on a child's education.

Recent research has concluded that "repeated exposure to trauma significantly increases children’s risks of later mental- and physical-health disorders, poor academic progress and behavior in school, and other problems" (Sparks, 2019, para. 7).

Exposure to a traumatic event does not necessarily mean a student becomes disabled, however long term exposure to trauma can grown into a disability that needs to be addressed for a student to be successful.

When a student already diagnosed with a disability is exposed to trauma, their need for increased support should be considered and addressed.

Since the results of trauma can impair major life functions, a 504 plan may need to be implemented to meet the needs of a student at a given time.

A trauma-informed response to discipline issues such as outbursts should be integrated into a school's discipline procedures.

Sparks, S. (2019, September 3). Do distressed students have a right to trauma sensitive schooling? Education Week. https://www.edweek.org/teaching-learning/do-distressed-students-have-a-right-to-trauma-sensitive-schooling/2019/09
Watch a video about Peter, one of the plaintiffs in the lawsuits discussed in this article, to see how trauma can dramatically affect a child's education and how a 504 plan could benefit him.
Public Counsel. (2015, May 18). Peter [Video]. https://www.youtube.com/watch?v=6953khkaHaw

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Slide #5 Current News Article in Principal Leadership- Testing Accommodations for Students with Disabilities: 

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Slide #5 Current News Article in Principal Leadership- Testing Accommodations for Students with Disabilities: 

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Determining eligibility of students for 504 plans based on their disability should not be taken lightly. The definition for disability is broad and includes both mental and physical impairment that do not always necessitate special education services.

The legal aspects of 504 determination are not set in stone but should not be used haphazardly. What is best for the student should remain at the forefront of all decision making and should not be overused as seems to be the case in some wealthy, competitive school districts.

504 eligibility should be done on an individual basis based on the needs and circumstances of an individual student at a given time such as high-stakes testing. While questions still arise about the allowability of accommodations on tests such as ACT and SAT, many "organizations changed their policies to allow almost automatic approval of accommodation requests based on 504 plans or other such documentation" (Zirkel, 2019, para. 6).

ZIRKEL, P. A. (2019). Testing accommodations for students with disabilities: A blanket approach to 504 plans does a disservice to students and the school. Principal Leadership, 19(7), 40–43.
https://www.nassp.org/publication/principal-leadership/volume-19-2018-2019/principal-leadership-march-2019/testing-accommodations-for-students-with-disabilities/

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Section 504 (45 CRF § 84) obligates schools to  provide a Free Appropriate Public Education (FAPE) for students with disabilities. No matter the disability, it is the responsibility of the school district to meet the child's educational needs and provide any regular or special education as well as it does for their non-disabled peers. This may be structured around the development of a 504 plan which outlines accommodations, services, and support the child will receive in order to achieve their FAPE.
Public Welfare, 45 CRF § 84

https://www.ecfr.gov/cgi-bin/text-idx?node=pt45.1.84&rgn=div5

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The Supreme Court revisited the meaning of FAPE in the case of Hendrick Hudson School District v. Rowley when they decided the IDEA only grants students with disabilities access to education but does not address the quality of the education. They conclude schools only have to provide education with some benefit, not necessarily maximize the student’s capabilities.
Hendrick Hudson School District v. Rowley. 458 U.S. 176, 177 (1982).

https://caselaw.findlaw.com/us-supreme-court/458/176.html

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The Texas State Board of Educators and the Commissioner adopted Commissioner’s Rules (19 T.A.C. §89.63) related to special education stating eligible students with disabilities will be provided services through their local school districts to meet their needs as determined by the admission, review, and dismissal (ARD) committee’s recommendation of the student’s individualized education program (IEP).
Special Education Services and Settings, 19. Tex. Admin. Code §89.63.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=89&rl=63

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The Americans with Disabilities Act Amendments Act of 2008 (ADA Amendments Act, 2008) revisited the definition of disability by clarifying and broadening it. In doing so, a disability was concluded to be an impairment that substantially limits one or more major life activities. In broadening the definition, more people were covered under the ADA and non-discrimination laws.
ADA Amendments Act, Pub. L. No. 110-325, § 3406, 122 Stat. 3553 (2008)
https://www.govinfo.gov/content/pkg/PLAW-110publ325/html/PLAW-110publ325.htm

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Congress amended and reauthorized the IDEA statute and called it the Individuals with Disabilities Education Improvement Act of 2004 (Individuals with Disabilities Education Improvement Act, 2004). The purpose of reauthorization was to increase accountability and student outcome by ensuring that special education teachers were highly qualified. The purpose of the Act was to provide children an education that meets their particular needs and ensures they are prepared for future education, employment, and living.
Individuals with Disabilities Education Improvement Act, 2004.

https://www.law.cornell.edu/uscode/text/20/1400

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Slide #13  Best Practices for Compliance: 

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Slide #13  Best Practices for Compliance: 

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School staff should:

Understand that Section 504 ensures those with disabilities have the same opportunities as everyone else and know this does not just apply to education, but all aspects of mainstream life.

Recognize that students serviced through 504 get a FAPE which may include regular or special education classes, aids, or other services.

Realize that to qualify for Section 504, students must be evaluated independently to determine if there is a disability. A disability may be a physical or mental limitation that limits a major life activity.

Accept that an evaluation for 504 is not always a test. It can include collecting information from a range of sources.

Make it a habit to seek professional development regularly in order to understand the rules and procedures of Section 504.

Collaborate with Section 504 and special education specialists to ensure students with disabilities are being properly serviced and work to bridge the gap between those services.

Understand that Section 504 mandates students with disabilities to be educated in their least restrictive environment and remain with their peers as much as possible.

Schedule 504 meetings periodically for reevaluation (many districts require this to be done annually) and reconvene as needed to make adjustments to a plan that is not working.

Communicate clearly and openly with parents in order for them to provide meaningful input. Student input should be valued as well.

Document all 504 plans and distribute the information to any party with an educational need-to-know.

Texas Education Agency. (2020). Technical assistance: Section 504. https://tea.texas.gov/sites/default/files/504GuideFinalforReview3.10.20%28v2%29.pdf

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Advocacy for students is a crucial task for school counselors. It is important to know and understand our student population in order to recognize those in distress that may need intervention, possibly in the form of a 504 plan, in compliance with ASCA's ethical code:
A.10. Underserved and At-Risk Populations f. Advocate for the equal right and access to free, appropriate public education for all youth, in which students are not
stigmatized or isolated based on their housing status, disability,
foster care, special education status, mental health or any other
exceptionality or special need. American School Counselor Association. (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

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Brownwood ISD updates its local policy each year to meet the needs of all students and holds its teacher accountable for compliance.

"Brownwood ISD does not discriminate on the basis of race, color, religion, national origin, sex, or disability in providing education services, activities, and programs, including vocational programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Educational Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended" (Brownwood Independent School District, 2020, p. 57).
Brownwood Independent School District. (2020). Brownwood ISD 2020-2021 employee handbook.

https://www.brownwoodisd.org/cms/lib/TX02000872/Centricity/Domain/41/BISD%20Handbook%2020-21%20Final%208520.pdf

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This document is a comparison of Section 504 and IDEA making it easy to understand the differences in the two.
Ray, L. (2017, January 28). Section 504: Not a SpEd consolation prize! Seek Freaks. https://www.seekfreaks.com/index.php/2017/01/28/section-504-not-a-sped-consolation-prize/

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This document explains Section 504 of the Rehabilitation Act of 1973 in a broad, easy to understand format. Its purpose is to help educators avoid violating the civil rights of their students and parents by helping them understand the requirements of Section 504 and provide them with the resources they need to ensure compliance.
Smith, T. E. C. (2020). 10 Tasks to ensure compliance: Promote broad understanding of Section 504 to avoid costly civil rights violations. Principal, 99(3), 46–47. http://web.b.ebscohost.com.easydb.angelo.edu/ehost/pdfviewer/pdfviewer?vid=14&sid=2940ef37-0ec5-47a4-b665-48c166409b54%40pdc-v-sessmgr03