Section 504

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination based on disability in programs and activities that receive federal financial assistance. It ensures equal access and opportunities for individuals with disabilities. Section 504 is enforced by the US Department of Education, Office of Civil Rights (OCR). 

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ELIGIBILITY 

Eligibility under Section 504 of the Rehabilitation Act of 1973 ensures that students with disabilities receive the accommodations and support necessary for equal access to education. To qualify, a student must have a physical or mental impairment that substantially limits one or more major life activities, such as learning, walking, or seeing. The determination is made through an evaluation process, considering both the nature of the disability and its impact on the student's ability to participate in school activities. Section 504 provides a range of accommodations, from modified classroom settings to assistive technology, designed to ensure that students can fully engage in their educational experience alongside their peers. 

While both Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA) support students with disabilities, they serve different purposes and have distinct eligibility requirements. Section 504 is a civil rights law that protects individuals from discrimination and ensures equal access to education through accommodations and support. It applies to all students with a qualifying disability, regardless of the severity, and does not require the development of an Individualized Education Program (IEP). In contrast, IDEA is a federal special education law that provides funding to schools and mandates specialized instruction for students who meet specific disability categories. Under IDEA, students must require specialized educational services, and they receive an IEP tailored to their individual learning needs. While Section 504 focuses on access and reasonable accommodations, IDEA is designed to provide more intensive, individualized educational support.

REFERRAL 

The referral process for Section 504 begins when a parent, teacher, school staff member, or other concerned party suspects that a student has a disability that may require accommodations. A written referral is submitted to the school's Section 504 coordinator, outlining the concerns and reasons for the request. The Section 504 coordinator will obtain written consent for evaluation from the students parent/guardian prior to conducting an evaluation. 

Click here for the Section 504 Referral Form

EVALUATION

The evaluation process under Section 504 is designed to determine whether a student has a physical or mental impairment that substantially limits one or more major life activities. The evaluation is conducted by a team of school professionals and considers multiple sources of information, including, but not limited to, medical records, academic assessments, teacher observations, and input from parents. 

To determine whether a student is eligible under section 504, the committee must conclude that: 

• The student has a physical or mental impairment or is regarded as having such impairment

• The presence of the physical or mental impairment substantially limits one or more major life activities and 

• Because of the substantial limitation, the student is in need of a free appropriate public education to ensure that their educational needs are met as adequately as the needs of nondisabled students are met

The evaluation procedure must be completed within a reasonable timeframe. Upon completion of the evaluation, the parent/guardian must be notified in writing of the Section 504 meeting that will be held to discuss the evaluation and determine eligibility under Section 504. 

If the committee determines that the student qualifies under Section 504, a Section 504 plan is developed to provide appropriate accommodations and support within the general education setting. If the committee determines that the child's disability does not substantially limit a major life activity than the school is not obligated to develop a Section 504 plan. A Notice of  Parent and Student Rights Under Section 504 document and an eligibility determination form are provided to the parent/guardian. 

The 504 committee will meet annually to review each Section 504 plan and determine whether the student continues to be eligible for Section 504 services and ensure that accommodations and services remain appropriate and effective.

RE-EVALUATION

The Section 504 committee will ensure that periodic re-evaluations are conducted, generally every three (3) years. Notice will be sent to parents/guardians informing them of the intent to re-evaluate. The re-evaluation will review any updated medical diagnosis/treatment plan, attendance, report cards, parent reports, teacher reports, etc. 

If re-evaluation is deemed necessary at any time during the school year, the committee shall reconvene for the purpose of re-evaluation.

Please contact the Section 504 coordinator with any questions or concerns.