Section 504 Myths continued

Yesterday, I stated (or typed) that there were six remaining myths and realities. My apologies. There are only four.

Julie Weatherly, owner of Resolutions in Special Education, Inc., was featured in a journal titled In CASE (Counsel for Administrators in Special Education) as she concluded a second article in a two part series regarding the myths and realities of 504 plans. The second part of the series covers four additional myths related to Section 504. Below is a summary...

Myth #5: A student diagnosed by a physician as having ADHD is "automatically covered" by Section 504 because the student is now regarded as having a disability.

Reality: A medical diagnosis alone does not mean a child is disabled under Section 504. A 504 team must have evidence to support the existence of a disability and should seek additional information if the determination is in question. According to Ms. Weatherly, "The 'record of' and 'regarded as' portions of the definition are not relevant to Student Support Teams (SST)/Child Study Teams (CST) determinations about instructional supports an accommodations that a student may need."

Myth #6: A Section 504 plan applies to students diagnosed with ADHD who are making B's and C's but have the capability of doing better "but for" the ADHD.

Reality: The above description is not sufficient for Section 504 eligibility. "A physical or mental impairment that substantially limits a student's ability to learn in comparison to the average student population is a disability under Section 504."

Myth #7: The school district is obligated to evaluate every student displaying characteristics of ADD/ADHD to determine if they are 504 eligible.

Reality: According to Weatherly, "Whether the school district is required to fund/conduct a medical evaluation depends upon whether the school district suspects that a disability exists and the reason the information is needed by the school district." If a disability is suspected and the team needs more information to make the determination, the school district is responsible for conducting an evaluation. If a medical assessment is necessary and the parents don't voluntarily provide the medical information, the school district must provide it at no cost to the parents.

Myth #8: An exhaustive formal evaluation is necessary to determine eligibility for Section 504.

Reality: Formal assessment is not always necessary to determine the existence of a disability. Weatherly clarifies, "Only an 'evaluation' sufficient to provide information to determine the existence of a disability under Section 504 need be obtained." The term "evaluation" could be used to describe the process of reviewing existing data including behavioral observations.

I applaud the Section 504 teams in the School District of Oconee County for diligently evaluating each case to determine eligibility. They are doing a great job!