What are 504 Plans? Accommodations for Students with Hearing Loss

The information about 504 Plans below has been derived from sections of the law, Office of Special Education Program comments, and discussions provided at http://idea.ed.gov/explore/home. The guidance provided on that website helps clarify the intent of IDEA and may be useful to professionals and parents alike who are trying to advocate for appropriate services and supports for children with hearing loss. Another valuable and brief summary is at http://www2.ed.gov/about/offices/list/ocr/docs/hq9806.html.

NOTE: The information below this does NOT constitute legal advice.

FAQ Information on 504 from the US Department of Education

Accommodations via 504 Plans and the ADA: Student Transition to Adulthood

Section 504 of the Rehabilitation Act of 1973

• Civil rights legislation that includes education services: academic, nonacademic, and extracurricular activities
• Applies to any person with a disability that substantially affects life activity, such as hearing – considers the abilities of the person without mitigating measures (amplification devices, tutoring, excessive studying)
• Acoustic accessibility for children with hearing loss is a barrier to listening/understanding auditory information
• 504 applies regardless of grades/’giftedness.’
• Results in the identification of accommodations on a 504 Plan, typically for students not eligible for special education. Unfunded; limited recourse if not followed.

Court Case RE: issues providing supports via a 504 Plan

Differences between IDEA Services and 504 Plans Accommodations

• IDEA requires an adverse educational effect; 504 does not
• IDEA considers function with amplification devices; 504 does not (mitigating measures)
• IDEA is obligated to provide an appropriate education; a 504 may extend beyond the common special ed programs
• IDEA has funding attached (federal + state obligations); 504 accommodations are funded via general ed funds
• IDEA has procedural safeguards; 504 Office of Civil Rights complaint of discrimination; ‘neutral fact finder’; school districts must conduct impartial hearings for resolution
• IDEA services are specially designed; 504 accommodations are based on access needs to the education program

Can a child receive DHH services under a 504 Plan?

“Auxiliary aids and services,” as defined by the ADA, are services or devices, such as an interpreter for a person who is deaf or large print or Braille materials for a person who is blind, that assist someone with vision or hearing disabilities to communicate effectively. This is a definition of auxiliary aids and services that also applies to 504. Generally, “auxiliary aids” in our context refers to hearing devices. A strong case can be made for auxiliary services to include school staff in-service / consultation, such as quarterly classroom observation and discussion with teachers to support effective communication. 504 plans accommodations do not include services to build student skills, just accommodations for equal access, specifically, effective communication. There is no ‘obligation’ to provide DHH teacher support (in-service/consultation) unless the school team deems it necessary to ensure effective communication so that the student can benefit from the general education setting as well as peers.