504 Plans and School Avoidance
Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance from the U.S. Department of Education.
A 504 plan is a legal document and instrument developed to provide accommodations and assistance that ensures a child with a disability has access to public education and services.
Remember that an emotional disability is considered a qualifying disability, just like a physical or learning disability.
What Section 504 Means for School Avoidance
Section 504 is a federal civil rights law meant to protect individuals with disabilities from discrimination.
According to the Office of Civil Rights (OCR): “The Section 504 regulations require a school district to provide a ‘free appropriate public education’ (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student’s individual educational needs as adequately as the needs of nondisabled students are met.”
504 is meant to “level the playing field,” and, unlike special education, it is not supplemental in nature. Accommodations are based on what the average person without a disability has access to and not what an individual might need to reach their individual potential.
Section 504 accommodations must be reasonable, such as modifications or adjustments that allow individuals equal opportunity to participate.
The Office of Civil Rights says the following services are available to students with disabilities under Section 504:
- Education in regular classrooms
- Education in regular classes with supplementary services
- And/or special education and related services
To Be Protected Under Section 504, A Student Must Be Determined To:
“Have a physical or mental impairment that substantially limits one or more major life activities; or have a record of such an impairment; or be regarded as having such an impairment.
The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry.”
The Section 504 regulatory provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as any physiological disorder or condition or any mental or psychological disorder, such as emotional or mental illness, and specific learning disabilities.
Major Life Activities as Defined in Section 504
- caring for one’s self
- performing manual tasks
- walking
- seeing
- hearing
- speaking
- breathing
- learning
- working
- eating
- sleeping
- standing
- lifting
- bending
- reading
- concentrating
- thinking
- communicating
Important Points to Note When Requesting a 504 Plan for a Student with School Avoidance
- A child with school avoidance who cannot get to school cannot access their education, so not being able to learn is limiting the major life activity of learning.
- Children with school avoidance are individuals. They are NOT one group of kids with the same profile. We chose “learning” as an example because most kids with school avoidance are not accessing their education.
- There are many other life activities that can be limited, such as communicating, thinking, concentrating, sleeping, eating, or anything else specific to your child.
- The Section 504 regulatory provision’s list of examples of major life activities is not exclusive, so an activity or function not specifically listed above can nonetheless be a major life activity. For example, the ability to participate in and benefit from school is a major life activity for a school-aged student.
- If their emotional disorder or learning difference is affecting a major life activity, they are entitled to a 504 Plan.
- It also states that the disability doesn’t have to severely restrict a major life activity, just substantially.
- Also, a major life activity or function not specifically listed may be a major life activity. For example, the ability to meet the standards of personal independence and social responsibility expected of one’s age and cultural group is a major life activity for a school-aged student.
The determination of substantial limitation (of major life activity) must be made on a case-by-case basis with respect to each individual student.
The Section 504 regulatory provision at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon information from a variety of sources in making this determination.
If a private evaluation is done, this must become part of the evaluation process.
These private evaluations are called Independent Educational Evaluations (IEE), defined as “an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question.” 34 C.F.R. 300.502(a)(3)(i)
If it is determined that the child needs more assistance than a 504 plan can offer, it is the responsibility of the 504 team to refer the student for special education and related services as noted under the Individuals with Disabilities Education Improvement Act (IDEA).
A school district has no flexibility to opt to provide services and accommodations under Section 504 when the student is IDEA (IEP) eligible.
Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents’ right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.
Unlike an IEP, a 504 will not include academic goals, benchmarks, or measurements.
There are no restrictions regarding what supports and services might be appropriate on an IEP or a 504 plan. If the school says that a particular service is not allowed on a 504, that would be incorrect.
All supports, services, modifications are based on the individual’s needs, whether on an IEP or 504.
The ultimate goal of getting an IEP or a 504 plan for your child is to provide possible services, accommodations, and modifications that would help get your child back into school, engaging and learning in school.
Time Guidelines For The 504 Process
According to the U.S. Department of Education Office for Civil Rights (OCR) Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools (December 2016):
“Section 504 does not provide a specific amount of time for school districts to complete an evaluation. OCR generally looks to the IDEA timeline, or if applicable, to State requirements or local district policy to assess the reasonableness of the time it takes the school to evaluate the student once parental consent has been obtained.”
“School districts violate Section 504 when they deny or delay conducting an evaluation of a student when it would have been reasonable for a staff member to have suspected that a student has a disability and needs special education or related services because of that disability.”
The Americans with Disabilities Act Amendments Act of 2008 Broadened the Guidelines for Qualifying for a 504 Plan.
Section 504 and the ADA define a disability as:
- (1) a physical or mental impairment that substantially limits a major life activity;
- (2) a record of such an impairment; or
- (3) being regarded as having such an impairment. 29 U.S.C. § 705(9)(B); 42 U.S.C. § 12102(1).
The Amendments Act significantly changes how the term “disability” is to be interpreted.
Specifically, Congress directed that the definition of disability shall be construed broadly and that the determination of whether an individual has a disability should not demand extensive analysis.
A child with school avoidance who may have an anxiety disorder, depression, PTSD, Bipolar Disorder, OCD, or Learning Difference clearly has a disability under these guidelines.
Attendance Policies Can Be Modified
Many school avoidance families are frightened by the repercussions of their child’s missed school days. Some schools may threaten to deny credits or reduce grades when a particular number of absences accrue.
For this reason, families often ask about modifying attendance policies for their kids with school avoidance. In our private FB group, we hear about this all the time. Different schools have different answers.
But the Office of Civil Rights clears up this confusion below.
“A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.”
This clarification from the ADA says schools are required to make reasonable modifications in policies when the modification is necessary to avoid discrimination on the basis of disability. Your child’s emotional disorder or learning difference that causes their school avoidance is their disability.
Reintegration Strategies
Exposure therapy is a preferred and proven method of treatment for school avoidance, so these strategies should be considered.
Exposures are very slow and gradual. The student shouldn’t be rushed. You want them to be successful with each exposure.
Ask your school for assistance from a school psychologist, school social worker, or licensed professional counselor who is capable of doing exposure therapy with your child.
Exposure therapy dictates that the student is assisted by a professional as they work on each exposure. After successful completion of an exposure, the child may be given homework to practice on their own. Access our detailed information about exposure therapy.
Accommodations and Modifications for School Avoidance
This 504 guide explains the components of a 504 Plan.
It also details possible accommodations and modifications that may help school avoidant kids with ADD/ADHD (p 8), anxiety (p 12), emotional disability (p 30), trauma (p 47), and many other disabilities that may apply to your child.
Remember that any list you read of possible accommodations and modifications is not exhaustive.
This guide is shared courtesy of educational consultant David Bateman, PhD.
Frequently Asked Questions About Section 504
The 504 FAQ booklet from the OCR is also very helpful. It answers a lot of common questions about Section 504 and how it may apply to your child.
Working With Your School
Learn the laws, attendance policies, 504s and IEPs that apply to school avoidance with our free guide.