Section 504 Accommodation Plans: Are some schools more willing to accommodate than others?

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Section 504 Accommodation Plans:

Every month, the diagnostic team (Occupational Therapists, Physical Therapists, Speech and Language Pathologists, School Psychologists, Clinical Psychologists, Social Workers, and Communication aides) meets in their complex groups. Last week was the first time I met the Kalani Complex Diagnostic Team and I feel fortunate to be working with such a solid team.During our complex team meetings, everyone shares updates, questions, and concerns for the district/school/complex. During our meeting, someone noted,

“My school doesn’t do 504 plans.
The administrator won’t allow it. What should I do?”

In discussing this with the team, there were similar concerns shared. Someone mentioned that this is a problem nationwide, as she had a similar problem with a school on the mainland. Within every district, there seems to be a handful of schools who “do not offer” 504 Accommodation Plans (AP) and had a higher percentage of students with an IEP (Individualized Education Plan). 

Here are some theories (not necessarily my own) as to why:
  • My principal wants to protect his teachers from lawsuits
  • Administrators aren’t going to push for students qualifying with a 504 plan when there is no funding for 504 plans/services and the school budgets are already so low
  • Teachers don’t want to give accommodations so they just refer a student for special education instead
  • The school counselor is the gatekeeper for 504 students. If a student needs a 504 plan, the school counselor typically would be the one who would have to monitor their AP and be responsible to keep it up to date. This being said, why would they initiate getting a student a 504 when that would essentially be asking for more work.
  • With budget cuts, school counselors already have too much on their plate
  • Parents prefer special education because they are offered more services and they feel that teachers are more likely to follow the accommodations if they have an IEP.
Recent cases suggest that appropriate 504 implementation should be enforced and not neglected. Administrators, take note.

What does the Law say?  

Consequences:
  • The Hawaii Department of Education agreed to pay $4.4 million in damages under the Rehabilitation Act of 1973 (Section 504) for its "deliberate indifference" in failing to meet the needs of two children with autism during the 1990's. See Honolulu Star-Advertiser, Aug. 29, 2012. 
  • The settlement follows the Ninth Circuit's decision in Mark H. v. Hamamoto, 620 F.3d 1090 (9th Cir. 2010).
Money damages 
  • In Mark H. v. Lemahieu, 49 IDELR, 513 F.3d 922 (9th Cir. 2008) it was determined that money damages are not available under the IDEA (students who receive special education) for allegations of a denial of FAPE (Free Appropriate Public Education); 
  • However, money damages may be sought under Section 504 for a denial of FAPE. If a student’s IEP calls for accommodations and modifications, they must be provided….NO “If’s”, “And’s”, or “But’s”.


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