Sec504 Quiz Answers
Sec504 Quiz Answers
Sec504 Quiz Answers
In December 2016, the U. S. Department of Education, Office for Civil Rights (OCR) published
the “Parent and Educator Guide to Section 504 in Public Schools,” a comprehensive 52-page
guidance document.
The URL for the Parent and Educator Guide to Section 504 is:
https://www2.ed.gov/about/offices/list/ocr/docs/504-resource-guide-201612.pdf
The Parent and Educator Guide to Section 504 includes eleven scenarios. These scenarios are
used to educate readers about legal issues and concepts under Section 504.
Wrightslaw used these scenarios to create a quiz called “What’s your 504 IQ?” The quiz
includes eleven questions. Each question has several multiple-choice answers.
Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary
Schools
Eleven Scenarios
B. Rosita’s teacher needs to inform the proper individuals in the school system that
Rosita needs to be evaluated.
C. Because Rosita is earning passing grades, there is no legal basis to seek an evaluation.
D. Rosita’s teacher should share her concerns with the child’s parent and request consent
to refer Rosita to Tier I of the school’s Response to Intervention program.
ANSWER # 1
(Section 504 Resource Guide, page 14)
Correct answer is B.
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B. Teachers should talk with Robert and his parents, individually and separately, to
determine if Robert really gets a good night sleep. Determine if he has a television in his
room and / or internet access after his parents go to bed. If onset of sleep is questionable,
his teachers should help the parents investigate options to automatically turn off Wi-Fi
and TV access to cable or satellite service after a specific time at night or remove the
television and computer from his room.
C. School staff cannot rely on a pediatrician’s opinion that Robert “might have
narcolepsy.” To address the behavioral issue of falling asleep in class, the staff should
initiate a “Positive Behavioral Intervention” (PBI) and create a “Behavioral Intervention
Plan” (BIP).
D. Staff should seek parental consent to talk with Robert’s pediatrician about
prescription medication options that may be helpful.
ANSWER # 2
(Section 504 Resource Guide, page 15)
Correct answer is A.
If the evaluation, which must be conducted at no cost to the parents or student, shows that the
student has a disability, then the knowledgeable group (that is, people who are knowledgeable
about the student, the meaning of the evaluation data and about the placement options), must
together determine placement, including the special education or related aids and services the
student needs under Section 504.
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C. Since Omar’s “grades are great” and “he runs and plays like other children,” there is
no evidence that the cancer, now in remission, is adversely affecting his educational
performance. An evaluation is not required at this time. If the cancer re-occurs, then an
evaluation is required.
Correct answer is D.
A student who has an impairment that is episodic (for example, epilepsy or post-traumatic
stress disorder) or in remission is considered to be a person with a disability if, when active
(that is, when symptoms are evident or reoccur), the impairment substantially limits a
major life activity. When active, Omar’s illness left him weak and unable to get out of bed. In
other words, when active, cancer substantially limits his ability to care for himself which, under
Federal law, is a major life activity. Moreover, the cancer substantially limits the major bodily
function of normal cell growth, which is also a major life activity under Federal law. For this
reason, the group of knowledgeable persons would determine that Omar is a student with a
disability.
However, he may or may not require special education or related aids and services that are
designed to meet his individual educational needs as adequately as the needs of non-disabled
students are met. Even if Omar does not need special education or related aids and services, he
would still be protected under Section 504, for example, from bullying and harassment based on
his disability.
School districts must have standards and procedures to evaluate students who may have a
disability and need special education or related services. The evaluation of a student, however,
must be individualized. Although Section 504 does not require a specific process, the standards
and procedures must meet certain requirements. Specifically, the evaluation standards and
procedures must ensure that:
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A. Since Juan is in the third grade, it is premature to test Juan for difficulties in reading
comprehension.
B. The question fails to clarify whether the test is truly “related to his ability to
understand what he reads” or his ability “to write responses to a series of questions about
the passage.” Based on the facts presented, it cannot be determined if the test is
appropriate.
C. Since Juan was not referred for a comprehensive evaluation under the IDEA and a
single test cannot be used in isolation to determine if a child is eligible for services, the
test was not appropriate to “evaluate Juan’s suspected disability.”
D. The test is not appropriate for determining whether Juan has a disability related
to reading comprehension if he has a disability related to writing.
ANSWER # 4
(Parent and Educator Guide to Section 504, page 17)
Correct answer is D.
This test would not be appropriate for determining whether Juan has a disability related to
reading comprehension if he has a disability related to writing. Specifically, if Juan struggles
with writing, such as trouble staying in the margins, organizing words left to right and getting
words on paper, Juan may have a disability related to his ability to write manually and may not
score well on the test because he cannot finish answering questions in the time given, not
because he does not understand the reading passage. In this example, Juan may have excellent
reading comprehension skills, but his inability to write well quickly may result in a low test
score. (Parent and Educator Guide to Section 504, page xxx.)
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A. While the school “promised to evaluate the student,” the failure to complete the
evaluation is a “de minimis” procedural issue and not a violation of Section 504 if the
school initiates and completes the evaluation immediately.
D. The school should have competed the evaluation before December. Although
Section 504 does not provide a specific timeline for a school district to complete an
evaluation, incorporating by reference the IDEA requirements, the initial evaluation
must be conducted within 60 days of receiving parental consent for the evaluation
unless the State established a different timeframe for conducting evaluations under
IDEA.
ANSWER # 5
(Parent and Educator Guide to Section 504, page 17)
Correct answer is D.
Most likely, yes. Section 504 does not provide a specific amount of time for school districts
to complete an evaluation. However, under the IDEA (another Federal law that protects
students with disabilities and of which schools should be aware), an initial evaluation must be
conducted within 60 days of receiving parental consent for the evaluation or if the State has
established a different timeframe for conducting the evaluation, within that timeframe. 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.
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A. Neither GERD nor vomiting are classified as conditions that mandate eligibility under
IDEA or Section 504 so an evaluation is not necessary.
C. The teacher should not have refused the parent’s request to evaluate Maya for
504 eligibility.
D. Since the vomiting occurred at school and necessitated early dismissal, that condition
adversely affected Maya’s educational performance. She should have been evaluated and
found eligible for services under IDEA, which would also provide her with the
protections under Section 504.
ANSWER # 6
(Parent and Educator Guide to Section 504, page 21)
Correct answer is C.
No. Not every illness will automatically result in Section 504 protection for the affected student.
On the other hand, even if a student earns good grades, he or she may still have a disability. For
example, even if Maya’s disease did not interfere with her ability to attend school, she might
still be determined to be a student with a disability under Section 504 because the disease
substantially limits a major life activity (that is, her ability to digest food). In such a situation,
Maya may not need special education or related aids and services; however, she would still be
protected (for example, from bullying and harassment based on disability) under Section
504.
Given these specific facts—a medically-diagnosed problem with the student’s digestive system,
and the parent’s report that the student is frequently forced to miss school because of this
medical problem - Section 504 would require the school to refer Maya for a Section 504
evaluation to determine whether she needs special education or related aids and services,
including modifications, because of a disability. Note that if the school fails to conduct an
evaluation of the student and it is later determined that a school evaluation was necessary, and
that Maya needed, but did not receive, special education and/or related aids and services, the
school would be in violation of Section 504 and may be required to provide compensatory
services for Maya for the period during which the school failed to offer FAPE.
The Section 504 regulations require school districts to draw upon information from a variety of
sources in interpreting evaluation data and making placement decisions. In other words, while a
medical diagnosis alone can inform school staff about whether a student has a disease that
substantially limits a major life activity, it is unlikely that a medical diagnosis alone will also
provide enough information for school staff to determine what services the student needs. Other
information that could also be collected and analyzed includes, for example, attendance records,
parent information, grade reports, aptitude and achievement tests, teacher recommendations, and
In this scenario, Maya has a disability. Because Maya’s medically diagnosed impairment
interferes with her ability to attend school, the school district may need to, among other things,
modify how the school’s attendance policy applies to Maya to ensure that Maya is given extra
time to complete assignments when she is absent because of her disability and that she is not
penalized for absences resulting from her disability.
Finally, even if the teacher did not make the referral because she did not believe that Maya
needed special education or related services as a result of her digestive disorder, the teacher or
other school personnel should have provided Maya’s mother with a copy of the district’s
procedural safeguards, which would include information about the opportunity to have an
impartial hearing to resolve the disagreement over Maya’s need for an evaluation, and an
opportunity to review her daughter’s records.
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A. The child may be suspended for 12 consecutive school days, or longer, until
completion of a determination about whether his violation of the code of conduct was a
manifestation of his disability.
ANSWER # 7
(Parent and Educator Guide to Section 504, page 23)
Correct answer is B.
Yes. Although the Section 504 regulations do not set a specific timeframe within which students
with disabilities must be reevaluated to make sure that they are receiving the appropriate
services, Section 504 requires schools to conduct reevaluations periodically, and before a
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Scenario 8 – Accessibility
Ayana recently enrolled in a school that does not have an elevator. The school was built in the
early 1960s and, due to limited resources, the district has never altered the building. Ayana, who
is unable to walk upstairs due to her disability, is dismayed when she discovers that the art
studio is on the second floor; she had planned to take an art class the following semester. From
a legal perspective, what should the school do to address this situation?
A. Move the art studio to the first floor. Access and equal opportunity to the studio
are required for Ayana, yet structural change to the building may not be mandated
for a building constructed “in the early 1960’s.”
B. Meaningful access to art education is required, so the art teacher should provide
alternative or supplemental educational services to Ayana in an individualized setting to
meet Ayana’s unique educational needs.
D. The school must provide either an elevator or ramp or discontinue the art class for the
next semester to avoid a claim of discrimination against Ayana.
ANSWER # 8
(Parent and Educator Guide to Section 504, page 29)
Correct answer is A.
Districts are not required to make each existing facility or every part of an existing facility
accessible if the facility in question was constructed before June 4, 1977; however, districts must
still provide students with disabilities access to the program or activity in question. Access to
programs operated by a school in older facilities that are totally or partially inaccessible may, in
some instances, be provided through means other than structural change, such as relocation of
programs. School districts are required to have procedures in place to ensure that parents,
students, and other interested persons can obtain information about the location of services,
activities, and facilities that are accessible to and usable by individuals with disabilities. The
school in this scenario is an existing facility because it was built before June 4, 1977, and
therefore, program access is required to ensure compliance with Section 504 and the ADA. The
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A. No. The school may not require Ricardo’s father to act as a chaperone on the
field trip simply because Ricardo has a disability.
B. Exposure to peanuts can be a life-threatening condition for a person with this allergy.
The possible death of Ricardo and the fear that his peers could see their classmate die is
an extraordinary circumstance and a “reasonable” exception under Section 504 so
Ricardo’s exclusion from the field trip is permissible.
C. During field trips, the school district is required to have a nurse or other staff person
trained in the administration of life saving measures including CPR and “EpiPens.” The
school district is solely responsible for the child’s welfare and cannot require the parent
to participate as a chaperone on the field trip.
D. The school can require the parent to participate if that requirement was previously
written into and is a part of the child’s Section 504 Plan, or IEP, or Individual Health
Care Plan (IHCP / HCP).
ANSWER # 9
(Parent and Educator Guide to Section 504, page 31)
Correct answer is A.
No. In this case, none of the parents of students without disabilities were told that they must
attend the field trip; therefore, the school may not require Ricardo’s father’s attendance
simply because Ricardo has a disability. Under Section 504, the school is responsible for
making it possible for Ricardo to participate in this learning opportunity like his peers, without
parental assistance.
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A. If the parent’s “multiple requests” were made orally, not in writing, there was no
written request nor written consent to evaluate. Given those facts, the school’s approach
is legally defensible and permissible.
B. The parent’s belief is that her son “cannot . . . sit still and concentrate” is not a
sufficient legal basis to justify a Section 504 evaluation or an evaluation under IDEA for
an IEP. The school’s decision not to evaluate is permissible. The school should have
helped the parent better understand that her concerns cannot be the basis to initiate an
evaluation.
C. The school cannot ignore the parent’s request so the school’s approach is not
permissible.
ANSWER # 10
(Parent and Educator Guide to Section 504, page 36)
Correct answer is C.
No. A school district cannot simply ignore a parent’s request to evaluate his or her child,
even if the school does not believe that the student has a disability. A school district is required
to establish, implement, and inform parents about a system of procedural safeguards that are
designed to help resolve FAPE-related disagreements regarding identification, evaluation, or
educational placement of a student. As part of this system, a school must notify parents of any
evaluation or placement actions and inform parents of their right to: (i) examine records or
documents that the school relied on in making its decision about the student; (ii) request an
impartial hearing that provides the parent with an opportunity to participate and permits
representation by an attorney; and (iii) have an opportunity for review of the decision made at
the hearing.
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Scenario 11 – Retaliation
Ms. Chen, the mother of a student with a disability, complained privately to the principal that
her daughter and other students with disabilities are not receiving an appropriate education at
the school. The situation did not improve so Ms. Chen raised the issue with the principal again
A. The principal may terminate the parent’s volunteer activities and is not required to
offer a reason for the termination.
B. If there was no evidence that the parent was disruptive or dangerous, the
principal may not terminate the parent’s volunteer activities. The termination of
volunteer activity is retaliation, which is prohibited by Section 504.
D. It is the building principal’s responsibility to recognize that the parent has the
potential to become disruptive in the public school setting so the principal has the
discretion to terminate the parent’s volunteer activities.
ANSWER # 11
(Section 504 Resource Guide, page 39)
Correct answer is B.
Denying Ms. Chen the ability to volunteer in her daughter’s classroom would be unlawful
retaliation if the school did so because the parent complained to the principal that her daughter
was not receiving FAPE (either initially or in front of the Parent Teacher Association). However,
if the school did so for a legitimate reason (for example, because the parent was disrupting
instruction or endangering students), then the school may not have violated Section 504. The
ultimate determination will depend on whether evidence indicates that the school’s actions were
based on a legitimate reason for keeping the parent out of the classroom or if the school’s
explanation was a pretext (excuse) for retaliation or if retaliation was a motivating factor in
addition to the legitimate reason. In this case, the school had no evidence to suggest that Ms.
Chen had been, or would likely be, disruptive or dangerous. Therefore, if the school allowed
other parents, who did not file a complaint, to continue to volunteer in class, these facts would
suggest that forbidding Ms. Chen from volunteering based on concern about disrupting class or
endangering students is pretext and that the sole reason for banning her from class was to
retaliate because she raised her concerns about services for students with disabilities.
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Please download OCR’s Parent and Educator Guide to Section 504 located at:
http://www.wrightslaw.com/law/ocr/sec504.guide.ocr.2016.pdf