504 Plans and the Teacher

A. An Adjusted Regular Education Plan or 504 plan is a legal document falling under the provisions of the Rehabilitation Act of 1973. It is designed to plan a program of instructional services to assist students with special needs who are in a regular education setting. A 504 plan is not an Individualized Education Program (IEP) as is required for special education students, although all students with IEPs are already covered under Section 504. Section 504 does not require the school  to maximize a child's learning. For Section 504 purposes, the school will compare your child's performance to that of the average child without disabilities.

While the law doesn't provide any new funding for programs and agencies that comply, it carries the threat of withholding federal funds from those that don't. Since public schools receive federal tax dollars, the law applies to them. It doesn't apply to many private schools because they don't receive any money from the federal government.

A. Any student with a physical or emotional disability, or who is recovering from a chemical dependency, or who has an impairment (i.e. Attention Deficit Disorder) that restricts one or more major life activities.

A. Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, and learning.

A. There are typically four steps in implementing a 504 plan.:

1. Student is referred: This can be done by a teacher, support staff, parent/legal guardian, physician, therapist or the student.
2. A 504 plan meeting is held.
   
3. A plan for the student is developed.
   
4. A review date is set.

Unless there are extenuating circumstances, a meeting should be held within two weeks of the initial request.

A. If a teacher has a concern regarding a child's performance and/or behavior, and believes it is caused by a disabling condition, the teacher should initiate a referral after consultation with support staff and/or building administrators.

Also, the teacher should participate in any meetings where a 504 plan may be developed. Additionally, the teacher should be ready to supply pertinent data and documentation such as test scores, discipline referrals, and anecdotal information to assist in the writing of the plan.

A. A 504 plan could include items listed below. This is not a exhaustive list.

A child's seat assignment accommodates a disability.
A diabetic child may be permitted to eat in the classroom.
A child may be permitted to go to the office for the administration of medication.
A student's assignments or testing conditions may be adjusted (i.e. extensions of time, modification of test questions).

Note: This is a team process where all members of the team, not just the teacher, may have responsibilities in fulfilling the requirements of the 504 plan.

A. If you disagree with the 504 plan you can:

1.Express your views at the meeting and suggest alternatives.
2. Refuse to sign the plan.
3. Contact your site rep if you believe the plan alters your terms and conditions of employment.

A. You are expected to reasonably follow the strategies written to implement the plan and to participate in the review process.

Again, if the plan isn't working for the student, ask in writing for the assistance of support staff (counselors, nurses, psychologists, etc.). Also, some degree of accountability rests with the parents/legal guardians in following through. Do not accept the burden alone. Again, keep copies of all pertinent documents.

A. Yes. We will advise and support. Ultimately, the union office will pursue the matter if students are not being well-served or if violations of contract occur. If you have a problem, the initial contact should be through the site rep who will follow up with the building principal and appropriate staff.