Overview of the 504 section of The Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 (Section 504) is a civil rights statute that prohibits discrimination/harassment on the basis of a disability in any program or activity receiving federal financial assistance. In particular, Section 504 provides that: No otherwise qualified individual with a disability in the United States...shall, solely by reason of her or 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(a)(1973).

The Section 504 regulations require a school district to provide a “free appropriate public education” (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability. FAPE consists of education, related aids/services, and accommodations designed to meet the student’s individual needs. Section 504 requires a school district to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met.

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulations define a physical or mental impairment as any physiological or psychological 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; genito-urinary; lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulations do not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, for purposes of Section 504 eligibility, include functions such as caring for one's self, performing manual tasks, reading, concentrating, thinking, communicating, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section504.

The protections of Section 504 extend to individuals who satisfy the eligibility requirements of Section 504. At the elementary and secondary school level, determining whether a child is a qualified disabled student under

Section 504 begins with the evaluation process. Section 504 requires the use of evaluation procedures that ensure that children are not misclassified; unnecessarily labeled as having a disability; or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials.

If a school district re-evaluates a student in accordance with the Section 504 regulation at 34 C.F.R. 104.35 and determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Section504.

Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons, who because of disability, need or are believed to need special instruction or related services.

Definitions to Assist in Understanding Section 504

The United States Department of Education under 34 Code of Federal Regulations (C.F.R.) §104.3 provides the following definitions to assist in understanding Section504:

A. “Qualified disabled person” with respect to a public preschool, elementary, secondary, or adult education services means an individual with a disability who is a resident of the school district and who is

(i) of an age during which non-handicapped persons are provided such services, (ii) of any age during which it is mandatory under state law to provide such services to handicapped persons, or (iii) an individual to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act.

B. “Individual with a disability” means any person who:

• 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.

Environmental, cultural, and economic disadvantages are not considered disabilities under Section 504. Furthermore, sexual orientation and gender identity are also not considered to be disabilities. However, if a person who has any of these characteristics also has a physical or mental disability, the person may be included within the definition of an individual with a disability.

C. “Physical or mental impairment “means:

• 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; genito-urinary; skin; and endocrine disorder

504 Plain Language

When a scholar is found to have a disability and is eligible for accommodations in the classroom through Section 504, those accommodations need to be individualized to fit the unique needs of the scholar. Accommodations are discussed at the annual 504 meeting. At that time the 504 team determines the accommodations that will help support student success.

Scholars are eligible for 504 plans if they have a disability that limits daily life activities such as self-care, walking, seeing, breathing, hearing, speaking, or learning.

Any scholar w/ a disability (including dyslexia) receives individualized instruction by the classroom guide
Goals and progress monitoring is regulated by the local education authority (LEA) school's policies and procedures and is monitored by the classroom guide and/or the Interventionist
Guardian’s rights are regulated by the LEA’s policies and procedures
504’s are NOT monitored by the Special Education

program

The LEA can change the plan at anytime without guardian input
Meetings and plans DO NOT have to be held or discussed annually
Evaluation process is established by the LEA

Scholars who may qualify for 504 if they (but not limited to)....

are receiving discipline infractions or suspensions over an extended period of time which are excessive or repetitive;
are returning to school after a serious illness or injury;
have received a written diagnosis by an outside agency as having a disability;
are referred to an (IDEA) IEP Team for special education evaluation and does not qualify for an evaluation;
are evaluated under (IDEA) and are found not eligible for special education services;
are exhibiting a chronic health problem; substantially limiting a major life activity;
are identified as having had substance abuse issues, but are not currently "using" addictive substances

504 Referral Process

Initial Referral 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 must also provide regular reviews of the plan, reviews to support changes in program and/or transitions across grade levels, and conduct re-determination evaluations.

Referral

The referral may be made by a parent, staff member, or the student, and may be made at any time. A referral must be made in writing and dated at the time the request is made, including the reason for the referral. Referrals should be directed to the designated Section 504 Coordinator at the student’s school building. Parents will be provided with copies of referrals and consent forms.

Evaluation

Parental consent MUST be obtained prior to the initial evaluation. The MTSS and 504 team will conduct an individual, multi-source evaluation of a student referred for a Section 504 evaluation beginning with a thorough review of the student’s records such as:

Pertinent medical information
Disciplinary records
Behavior rating scales or other checklists
Tier ll or Tier lll and/or MTSS progress monitoring data;
Assessments: standardized, summative, or formal
Classwork
Observations of the student
Parent/Student/Teacher interviews
Vision and hearing screenings

Additional evaluation tests will be conducted by the school if deemed necessary.

Eligibility

Eligibility determination is made by the evaluation team, which may include the classroom teacher, instructional resource teachers and appropriate related services staff, if needed.

The team will meet to make the determination within 30 school days of the referral.

The 504 Team will determine eligibility under Section 504 and determine what services and/or accommodations are needed to meet the student’s needs as they relate to the educational setting, if any.

Please note that a diagnosis of a physical or mental impairment does not, in and of itself, determine eligibility under Section 504. There must also be separate findings that the impairment substantially limits a major life activity.

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

504 Plan

If a Section 504 Plan is developed, only school personnel with implementation responsibilities will be informed of the existence and particulars of the plan. Staff will be informed on the contents of the plan when the plan is created, revised, and at points of transition, including transfers between buildings, or changes in schedule, staff, or program. The plan will specify how services will be provided and by whom.

The Section 504 Plan will be

Signed by the principal prior to implementation
Provided to the scholar’s guardian(s), along with a copy of the 504 Safeguards (previously known as the parent rights).
Monitored by the 504 Coordinator
Reviewed annually to determine whether the Section 504 Plan continues to be appropriate or if any changes are necessary.

A Section 504 team meeting may be convened at any time to review if changes are necessary.

504 Process