Reply to How to make school to provide 504 accommodations

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[quote=Anonymous][quote=Anonymous]Section 504 is an evidence based process for children with disabilities that[b] substantially limit their access to their school life or curriculum. [/b]If the school has no evidence that her access is limited by her ADHD, then they might [b]find her eligible, but say she doesn’t need a plan.[/b] Schools are getting hip to the scam of wealthy parents buying their kids extra time on AP tests and the SAT by buying a diagnosis of ADHD or anxiety. [/quote]

PP, you are very wrong on the 504 eligibility standard.   It is not "substantially limit their access to their school life or curriculum".  The standard is, "whether the impairment substantially limits a major life activity" which is defined as, "substantially limited in the ability to perform a major life activity as compared to most people in the general population" (Although it is generally acknowledged that disabled students in advanced classes should be compared to peers in advanced classes.)

More details from MCPS Regulation ACG-RB (https://ww2.montgomeryschoolsmd.org/departments/policy/pdf/acgrb.pdf)

C. Eligibility
1. Written consent must be obtained from parents or adult students before the Section 504 school-based team may convene to conduct an evaluation.
2. In determining whether a student with a disability is eligible under Section 504, the school-based team reviews various sources of available information, including, but not limited to the following:
a) Aptitude and achievement tests
b) Report cards and teacher reports
c) Oral or written observations
d) Student attendance, educational, and health records
e) Evaluations of daily life skills
f) Medical,psychological,anddevelopmentalreports
g) Results of the Individualized Education Program team decision, if appropriate
h) Information from parents
The collection and review of information should not delay or limit the scope of coverage under Section 504.
3. If the Section 504 school-based team decides that further MCPS assessment is needed, the team notifies the parent or adult student and seeks prior consent for any testing; assures that all assessments conform to Section 504, MCPS, and test publisher standards relating to test selection, validation and administration; and reviews the results of the assessments.

4.The Section 504 school-based team determines whether the student with a disability is [b]eligible[/b] by ascertaining—
a) whether the student [b]has a physical or mental impairment [/b]and, if so,
b) [b]whether the impairment substantially limits a major life activity.[/b]
5. A student with an impairment that is episodic or in remission is eligible if that impairment would substantially limit a major life activity when active.
6. The ameliorative affects of mitigating measures must not be considered when determining whether an impairment substantially limits a major life activity.

D. [b]Major life activities[/b] [b]include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.[/b] A major life activity [b]also[/b] includes the [b]operation of a major bodily function[/b], including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.

J. Substantially limits means—
1. [b]substantially limited in the ability to perform a major life activity as
compared to most people in the general population[/b];
2. an [b]impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active[/b]; or
3. the [b]determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures[/b].
It may be useful in appropriate cases to consider, as compared to most people in the general population—
a) the [b]condition[/b] under which the individual performs the major life activity;
b) the [b]manner[/b] in which the individual performs the major life activity; and/or
c) the [b]duration[/b] of time it takes the individual to perform the major life activity, or for which the individual can perform the major life activity.

MCPS guidance says, that students who have a qualifying disorder and who are substantially limited [b]should receive a 504 plan even if they don't need accommodation:[/b]  "Not every student who qualifies as having a physical or mental impairment under Section 504 will require accommodations to receive a free and appropriate public education (FAPE). However,[b] even if accommodations are not required[/b], [b]the student will be eligible for the nondiscrimination protections under Section 504 and the team should complete the Section 504 eligibility form [/b]in the online Section 504 platform accordingly, indicating the rationale for the team decision and data supporting such decision.
https://www.montgomeryschoolsmd.org/siteassets/district/departments/special-education/compliance/0207.18_section504_handbook.pdf[/quote]

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