"Section 504 and the ADA in Schools: Common Myths and Realities" - presentation by Julie J Weatherly at the November 15, 2011 Annual State Superintendent Conference on Special Education and Pupil Services Leadership Issues. Link to handout which has each of the 35 common myths and the actual realities can be found at: http://www.dpi.wi.gov/sped/falleader11.html
Section 504 Common Myths
1. The Student Support Team process is just a way to special education
2. We don't do Section 504 here
3. Section 504 doesn't really exist
4. Section 504 provides more protections than IDEA
5. Sorry, it's our school system's policy that because he isn't eligible for special education, there's nothing more we can do for him right now
6. She needs to be on a 504 plan because she has ADHD and instead of making A's or B's, she could be making all A's.
7. She might be in a wheelchair, but she's not protected under Section 504 because she's making all A's.
8. Every student who has ever been in special education is automatically covered because the student has a record of a disability.
9. He can't be on the basketball team because I just found out that he was treated for cancer in the past.
10. A student whose doctor has diagnosed ADHD is automatically covered by Section 504 because the parents now regard the student as disabled.
11. She did the best job during the auditions, but her acne is so bad that I don't think we can choose her to play Cinderella.
12. I know they're not sick yet, but their mother just told me that they tested positive for HIV. I've got to send those boys home before someone else catches it.
13. Where a student is referred for special education evaluation and did not qualify, the student is automatically covered under Section 504.
14. Congress does not provide money to comply with Section 504 so a school system cannot be punished if it does not comply.
15. A student in special education cannot be a Scetion 594 student,
16. Even where a student is failing, if the student has been tested for special education and found I eligible, we cannot provide any special assistance of we wait a couple of years though, he'll be so far behind then hell qualify for special education.
17. Every student on medication must have a 504 plan
18. Every student diagnosed with ADHD needs a 504 plan
19. Because the student is clearly a slow learner, he is covered under Section 504
20. When students do not do well on standardized assessments, we should make them 504 students so we can include testing accommodations and modifications.
21. Where a student is so out of control, the school system should have known he was ADHD and had him on a 504 plan.
22. Of a parent requests an evaluation under Section 504 the school system must conduct it.
23. A 504 team meeting cannot be held, unless the parent is in attendance
24. A school system is required to do a reevaluation under 594 every three years, just like it does under IDEA.
25. Once a student is on a 504 plan, there is no way to get them off of one,
26. School systems should se the IDEA rights as the 504 rights,
27. A student cannot be placed on a 504 plan unless the parent consents
28. If the parent wants a student dismissed from a 504 plan, the school system must dismiss the student.
29. Accommodations needed so that a student can play football must be included on a Section 504 plan. In fact, the actual activity must be included on the plan.
30. Even when a student is making all A's, if the parents have filed a complaint with OCR, we better just go ahead and make his eligible.
31. Ms Jones, I know youre concerned about the students in your class, but if you don't stop putting your concerns in writing, ou could lose your job with the school system.
32. If it would require a one to one aide for a student to attend the after school programs, he cannot attend
33. Service animals are not allowed to attend schools with students,
34. Nothing can really happen to school staff who do not choose to implement a 504 plan,
35. The 2008 ADA Amendments have changed everything! Every student needs a Section 504 plan now.
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