Legally best practices in section 504 plans: a sound understanding of what the law actually requires can save you from awarding too many 'consolation prizes'

School Administrator, Sept, 2008 by Rachel A. Holler, Perry A. Zirkel

School leaders need to be active in and attentive to the political course of this possible new law. The Senate is holding hearings on the bill, and each presidential candidate has pledged to sign it into law. If the bill does become law, it will significantly increase the number of students and employees entitled to the protection of Section 504 and the ADA, which obviously will be one of the considerations as to its possible passage.

Ultimate Decision

The student with AD/HD presents a common case. Here's the approach one of us (Holler) followed at a middle school. The guidance counselor and principal met with the parent to review the student's progress. We noted the continued proficiency when examining the totality of her performance in the subject areas, not in a single course or particular skill. We were meeting the student's needs, but we also were willing to offer extended time for all tests by using our school-based accommodations. Because the state test in Pennsylvania is not a timed test, we could offer these strategies without drafting a Section 504 plan.

Reminding the parent of the child's long-term interest, we joined together in general education to assess and address the underlying reasons for extended time, which were reading fluency and test anxiety. Using a school-based intervention process, we developed strategies and supports available to all students who have needs that do not qualify for eligibility under the IDEA or Section 504 definitions of disability.

Each student with a physical or mental disability will present a unique situation to your school or district. However, Section 504 plans should be the exception rather than the rule. Our study found a 1 percent average prevalence of Section 504 plans with wide variations. On balance, this average was on the high side in relation to recent legal interpretations.

Be sure your school district is following best practices regarding Section 504 plans and individualized education plans. Otherwise, if the parents, whose escalating expectations for accommodations and services or whose child faces expulsion on a disciplinary matter file for an impartial hearing, seek money damages or other relief in court or complain to the Office for Civil Rights, you may have no consolation.

Rachel Holler is principal of Stewart Middle School in Norristown, Pa. E-mail: rholler@ptd. net. Perry Zirkel is professor of education and law at Lehigh University and author of Section 504, the ADA, and the Schools.