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Frequently Asked Questions

Section 504 Questions and Answers

  1. Can the school initiate an assessment for possible 504 services without parental consent?

  2. The parent must be notified in writing of the intent and reason. Parental consent (written) is not required before an evaluation. Inform the parent of: 1) IDEA, 504 rights and laws, 2) evaluation time, date, place, and 3) assessment results. Make team decisions with the parent and proceed accordingly.
  1. Can services be ended if the 504 plan is not working?
    No, the team needs to reconvene and re-evaluate the 504 plan to determine what is not working and what revisions might be needed.
  1. Full-time student status is equivalent to four classes. If a student takes less than four classes, is an existing 504 plan still valid?

  2. The number of classes is irrelevant to 504 needs.
  1. If the parent doesn’t sign a 504 plan because he/she wants several things changed or added, is it a valid 504 plan?

  2. Yes, the plan is valid and can be implemented. Signatures are not required.
  1. Can the school proceed with a 504 plan and accommodations if the parent chooses not to sign because of disagreement with the level of services?
  2. Yes, the school can provide 504 services without parental signature. If the parent is unhappy or unsatisfied with level of services, then document this dissatisfaction as an attachment and 1) meet as a 504 team to review all concerns, 2) write back up plan, and 3) review plan frequently to calm parental concerns. Also, be willing to amend plan accordingly; or review complaint process in place with the Office of Civil Rights (OCR).
  1. 504 accommodations were sent to teachers without a cover page (plan). Shouldn’t teachers receive both for a better understanding of needs and accommodations?

  2. Yes, all teachers should get the entire plan. The 504 coordinator should follow up to ensure compliance.
  1. For a 12th grade student, the school said it does not think it’s necessary to give the 504 plan to teachers and urged the student to self advocate with teachers individually during the first week of school. Can the parent request that each teacher be given documentation of the 504 plan as back up and to document what’s working or not working?

  2. A copy of the 504 plan should be given to each teacher. Also, the student is certainly encouraged to meet with teachers and advocate for his or her own needs.
  1. The parent called the school regarding a 504 meeting to finalize the plan. The school said there would be no meeting unless the parent agreed to sign the 504 plan. Can the school do this?

  2. The school cannot the force parent to sign a 504 plan. The parent or any team member, has the right to disagree and choose not to sign the plan. The parent can then document concerns in an attachment to the plan.
  1. If a student is age 18, must all 504 correspondence be sent to the student rather than to the parents. Must this same student attend the 504 meeting rather than the parent?

  2. Yes, unless the parent has taken steps to become the educational guardian. The student should also attend, and may include parent with consent. This should be clarified and documented.
  1. A student needs 10 credits this year to graduate. Because he/she is on a 504 plan, can the school allow the student to “socially” graduate and return to complete some remaining courses?
  2. No, unless the district has a specific policy allowing this. Being on a 504 plan does not provide any special privileges.
  1. A student had a baby and is having difficulty with day care; she misses class and believes she is entitled to accommodations. Is she eligible under Section 504?

  2. This is not a 504 issue. The student does not have a physical or mental disability which substantially limits a major life activity.
  1. A student who is diabetic participates in school sports. Is it okay to put together a 504 plan to document accommodations for eating, resting, etc?

  2. Yes, do so using the standard format and process.  
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North Dakota Department of Public Instruction
Dr. Wayne G. Sanstead, State Superintendent
600 E. Boulevard Avenue, Dept. 201
Bismarck, North Dakota 58505-0440
701/328-2260

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