RESOURCE LINKS - 504

 

What is Section 504?

Section 504 refers to a part of the Rehabilitation Act of 1973. The primary purpose of the Rehabilitation Act of 1973 is to ensure that persons with disabilities are not discriminated against. Section 504 states, “No otherwise qualified individual with a disability in the United States...shall, solely by reason of his or her disability, be excluded from the participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...”  This law requires that every public school in the United States identify, evaluate, and provide appropriate services to disabled individuals as defined by Section 504. In addition, procedural safeguards must be provided to the parents/guardians of identified students. The Office of Civil Rights and/or U.S. Department of Education are responsible for enforcing Section 504.

 

Who is eligible?

A student with a disability should be considered for eligibility under Section 504 if he/she:

•    has a physical or mental impairment which substantially limits one or more major life activities

•    has a record of such an impairment; or

•    is regarded as having such an impairment

 

Major Life Activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, sleeping, concentrating, reading, communicating, bending and major bodily functions (immune, digestive, respiratory, circulatory, endocrine, neurological, brain and reproductive systems, bowel and bladder functions, and normal cell growth).

 

Substantial Limitation is the inability to perform a major life activity that the average person in the general population can perform without the use of mitigating measures, and includes impairments that are episodic or in remission. A diagnosis of a disability does not automatically qualify a student for eligibility under Section 504. School teams and parents who feel a student may meet the criteria for Section 504 eligibility may request that the student be brought up for review at a team meeting.

 

How is a child identified and evaluated?

The student is referred to the school’s 504 Team (members of the team vary based on need), who will review the information and determine eligibility under Section 504. Written documentation must be provided of the disability (e.g., physician’s or psychological reports).

  

Eligibility is determined by:

•    input referenced from written documentation from medical, psychological, or outside agency reports;

or

•    evaluation in which appropriate information is gathered (such as from student records, observations, anecdotal reports, teacher reports, individual and group tests, aptitude and achievement tests, medical information, nursing assessment, occupational or physical therapist assessment, doctor’s orders, emergency care plans, and adaptive behavior assessment);

and

•    determination that the disability substantially limits a major life skill (breathing, walking, learning, etc.).Implement any necessary accommodations for the student. Simply having impairment does not automatically qualify a student under Section 504.

 

What is a 504 Plan?

Students who meet the eligibility guidelines for Section 504 will have a 504 Plan developed for use in the general education classroom.

· The plan specifies the nature of the impairment, the major life activity affected by the impairment, and the accommodations necessary to provide access based on the student’s needs.

· The plan also includes individual staff members responsible for implementing the accommodations.

· Accommodations should be specific to the individual with regard to his/her impairment and its effect on the major life activity. 504 Plans should not include accommodations typically provided to general education students.

· The team will review the student’s 504 Plan on a periodic basis to ensure its effectiveness. A parent may request at any time that a plan be reviewed and/or revised as needed.

 

When is a 504 Plan inappropriate?

· When a student has a diagnosed disorder but is functioning well academically, is making adequate progress without accommodations, and is able to access all general education services; the student does not meet the criteria for 504 eligibility. This might include a student who is doing well in school but may not be working to potential; a student who a parent feels could be making A’s rather than B’s; or a student who only experiences difficulty in one subject area.

· When a plan is created only to support a request for extended time on exams (EOCs, SAT’s, ACT’s).

· When a student is eligible for services under IDEA but parents prefer Section 504 services.

 

Summary of Legal Rights for Students and Parents

 

You have the right to:

1. Have your child take part in, and receive benefits from public education programs without discrimination because of his/her disabling conditions;

2. Have the school district advise you of your rights under federal law; and receive notice with respect to identification, evaluation, or placement of your child;

3.  Receive notice and examine all relevant records relating to decisions regarding your child’s identification, evaluation, and placement;

4. Have evaluation, educational, and placement decisions made based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options;

5. Be included in decisions or actions regarding your child’s identification, evaluation, programming, or placement;

6. Have the 504 Plan revised periodically, if one is developed, and have the plan periodically re-evaluated before any significant change is made in your child’s placement; educational program or educational placement;

7. Inspect and review all your child’s educational records, including the right to obtain copies at a reasonable cost. You will not be charged for a copy of your child’s record if the cost would prevent you from inspecting and reviewing the records;

8. A response from the school district to reasonable interpretations of your child’s records;

9. Request an amendment to the record if you believe information contained in the record is inaccurate or misleading or violates your child’s privacy or other rights. If the school system refuses to amend the record, you have the right to request a hearing and/or to place in the record a statement of why you disagree with the information it contains;

10.File a local complaint. Complaints of harassment or discrimination related to disability can be filed using the procedure contained in Board Policy 1720.

11.Request mediation or an impartial due process hearing related to decisions or actions regarding your child’s identification, evaluation, educational program or placement. You and the student may take part in the hearing and have an attorney represent you.

 

Who do I contact for information or concerns about Section 504?

Contact Mrs. Michelle Chambers about more info on 504.