Section 504 Information

SECTION 504 OVERVIEW

A 504 plan is a blueprint for how the school will provide supports and remove barriers for a student with a disability, so the student has equal access to the general education curriculum.

Some kids with learning and attention issues don’t need special education or individualized instruction. But they might still need supports or services at school. Depending on their challenges, they may be able to get that help through a 504 plan.

504 plans are designed to help kids with disabilities learn alongside their peers. They do this by removing barriers to learning.

504 plans aren’t the same as IEPs. They’re each covered by different laws and work in different ways. But the end goal is the same: to help students be successful in school

Section 504 of the Rehabilitation Act of 1973 is a federal law which prohibits discrimination against persons with disabilities. The law provides:

No otherwise qualified individual with a disability…shall solely by reason of her of his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…. 29 U. S. C. § 794

Section 504 is based on the principle that students with disabilities shall not be denied access to educational facilities, programs and opportunities on the basis of their disability. 

For a student to qualify for Section 504 protection, the student must: (1) have a mental or physical impairment (2) which substantially limits (3) one or more major life activities. All three criteria must be met before the student is eligible for Section 504 protection.

Definition of Terms: Section 504

Free Appropriate Public Education (FAPE) – A free appropriate public education is the
provision of regular or special education and related aids and services that are designed to meet
the individual educational needs of disabled persons as adequately as the needs of non-disabled
persons are met.

Individual with a disability – An individual with a disability is a person who:

1. Has a physical or mental impairment which substantially limits one or more of such
person’s major life activities;

2. Has a record of such impairment; or,

3. Is regarded as having such impairment.

Major Life Activities –

A major life activity includes, but is not limited to functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. Major life activities also include standing, lifting, bending, reading, concentrating, thinking and communicating. The term also includes the operation of a major bodily function, including but not limited to functions of the immune system, normal cell
growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and
reproductive functions.

Physical or mental impairment – a physical or mental impairment is:

1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs; cardiovascular; reproductive;
digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
2. Any mental or psychological disorder such as cognitive impairment, organic brain
syndrome, emotional or mental illness and specific learning disabilities.
Substantially Limits – A student who has a physical or mental impairment that substantially
limits a major life activity may be found to have a disability under Section 504. This
determination is made on a case-by-case basis.
Except for ordinary eye glasses or contact lenses, the effects of mitigating measures (e.g.,
medications, prosthetics, hearing aids, etc.) may not be considered when assessing whether a
student has an impairment that substantially limits a major life activity. To the extent feasible,
only the impact the impairment has on a major life activity without mitigating measure may be
considered when determining whether the disability substantially limits a major life activity.

If a student has an impairment that is episodic or in remission, the School District must consider
whether the impairment, when active, would substantially limit a major life activity. If so, then
the student meets the definition of a student with a disability.
 

The Section 504 Process

The Section 504 Process consists of four steps: (1) Referral; (2) Evaluation; (3) Eligibility
Determination; and (4) the Section 504 Plan. For eligible students with a plan, the district will also provide regular reviews of the plan, reviews to support changes in program and/or transitions across grade levels, and conduct re-determination evaluations.

The referral to the school may be made by a parent, staff member, or the student. The school district will conduct a timely evaluation to determine the student’s eligibility under Section 504. From the date a referral request is received, a time frame of thirty (30) school days is recommended for completion of the identification, evaluation, and, if necessary, development of a Section 504 Plan for each student who is referred pursuant to the School District’s Section 504 policy.

Referral
A student who, because of a suspected mental or physical impairment, is believed to be in need of accommodations or educational services under Section 504, may be formally referred by a parent, teacher, other certified school employee(s), or the adult aged student himself/herself. The referral process involves proper documentation of the presenting concerns, notice to parents, consent, and notice of procedural safeguards. Parents are to be provided with copies of referral
and consent forms and given the opportunity for clarification of terms, timelines, and procedural safeguards.

Evaluation
A determination of Section 504 eligibility (i.e., a physical or mental impairment that substantially limits a major life activity within the school environment) must be based on a multi-source evaluation.  The nature and extent of the information needed to make a Section 504 eligibility decision is determined on a case-by-case basis by a group of persons knowledgeable about the student and the meaning of evaluation data.

The evaluation process should begin with a thorough review of the student’s educational records. Evaluation standards require that assessments are

(1) used for the purposes they were developed; (2) administered by qualified personnel; (3) tailored to assess the specific area of concern and not to provide a global ability score; and (4) selected and administered to ensure the test accurately reflects the student’s abilities rather than reflecting the impairment. The
following sources of information may be considered as appropriate evaluation methods:

• Observations of the student
• Standardized tests or other assessments by school staff
• Parent/Student/Teacher interviews
• Behavior rating scales or other checklists
• Pertinent medical information
• Information provided by the parent

If a student is suspected of having a physical impairment and the School District does not already have a current diagnosis documented by a physician, input from a physician may be sought as part of the evaluation process. 

Section 504 Plan
Where a student is found to be eligible, a Section 504 Plan will be developed. The building Section 504 Team, which includes the parents, will be responsible for determining the special accommodations and services that are needed to ensure that the student receives a free appropriate education.

Annual Review
The teacher or other person(s) designated by the Section 504 Team shall monitor the student’s progress and the effectiveness of the student’s plan. The teacher or other designated person will meet with the parent(s) at least annually to determine whether the Section 504 Plan continues to be appropriate or whether any changes are thought to be necessary. A Section 504 team meeting will be convened at any time to review the changes in student need or other appropriate
concerns.

Reevaluation

A multi-source evaluation should be completed periodically to re-determine eligibility under Section 504 and/or before any significant changes are made in the Section 504 Plan.

504 Procedural Safeguards