Section 504

• Section 504 is not federally funded so all funds necessary to meet Section 504 requirements are the responsibility of the school district.  
• Each district with more than 15 employees must designate a representative to coordinate Section 504 compliance 
  • The representative should be a general education staff member knowledgable about civil rights laws and regulations.  Typically the representative is an elementary principal but the school psychologist is heavily involved in the process.
  • Representative responsibilities could include:
    • monitoring identification/evaluation procedures
    • attending and/or coordinating 504 committee meetings
    • implementing grievance procedures
    • maintaining data on 504 referrals and accommodation plans
• Possible reasons to refer a student to a 504 Plan:
  • Health condition reported by parents
  • Parents request an evaluation 
  • Student failing to make progress
  • Teacher refers a student to SAT
  • Student serious injury
  • Student not eligible for special education (not to be viewed as a consolation prize)
  • Student chronically absent due to health
  • Student is a recovering drug addict/alcoholic and there is a record of impairment (not current drug/alcohol users) 

Q & A

1. Is it appropriate to automatically provide all students who are evaluated for special education services and either do not or no longer qualify for IEP services a 504 plan (regardless of any reported medical diagnoses or other MDT evaluation results)?
   
   No, the purpose of a 504 plan is to protect someone with a disability from discrimination. Each student served under 504 must first be evaluated and determined to have a disability. Here's the criteria: Any person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment or (3) is regarded as having such an impairment. Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.
    
2. Must a student have a professional medical/mental health diagnosis before being considered eligible for a 504 plan?
   
   No, a diagnosis is not required but the student must meet the above mentioned criteria.
    
3. If a student is eligible for services under both the IDEA and Section 504, must a school district develop both an individualized education program (IEP) under the IDEA and a Section 504 plan under Section 504?
   
   No. If a student is eligible under IDEA, he or she must have an IEP. Under the Section 504 regulations, one way to meet Section 504 requirements for a free appropriate public education is to implement an IEP.
    
4. The SRS "504 Consent for Initial Services" form mentions giving parents a copy of their 504 rights. Where can those be found?
   
   The following can be added to a district's letterhead:
   
   NOTICE OF PARENT / STUDENT RIGHTS UNDER SECTION 504
   
   The Rehabilitation Act of 1973, commonly referred to as "Section 504," is a nondiscrimination statute enacted by the United States Congress. The purpose of the Act is to prohibit discrimination and to assure that disabled students have educational opportunities and benefits equal to those provided to nondisabled students.[i] An eligible student under Section 504 is a student who (a) has, (b) has a record of having, or (c) is regarded as having, a physical or mental impairment which substantially limits one or more major life activities such as learning, self‐care, walking, seeing, hearing, speaking, breathing, working, and performing manual tasks.
   
   Dual Eligibility: Some students will be eligible for education services under both Section 504 and the Individuals with Disabilities Act (IDEA). Students who are eligible under the IDEA have many specific rights that are not available to students who are eligible solely under Section 504. It is the purpose of this Notice form to set out the rights assured by Section 504 to those disabled students who do not qualify under the IDEA.
   
   The enabling regulations for Section 504, as set out in 34 CFR Part 104, provide parents and students with the following rights:
   1. You have a right to be informed by the school district of your rights under Section 504. (The purpose of this Notice form is to advise you of those rights.) (34 CFR 104.32.)
   2. Your child has the right to an appropriate education designed to meet his/her individual educational needs as adequately as the needs of non‐disabled students are met. (34 CFR 104.33.)
   3. Your child has the right to free educational services except for those fees that are imposed on non‐disabled students or their parents. Insurers and similar third parties are not relieved from an otherwise valid obligation to provide or pay for services provided to a disabled student. (34 CFR 104.33.)
   4. Your child has a right to placement in the least restrictive environment. (34 CFR 104.34.)
   5. Your child has a right to facilities, services, and activities that are comparable to those provided for non‐disabled students. (34 CFR 104.34.)
   6. Your child has a right to an evaluation prior to an initial Section 504 placement and any subsequent significant change in placement. (34 CFR 104.35.)
   7. Testing and other evaluation procedures must conform to the requirements (34 CFR 104.35) as to validation, administration, areas of evaluation, etc. The District shall consider information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, adaptive behavior, physical or medical reports, student grades, progress reports, parent observations, and anecdotal reports. (34 CFR 104.35.)
   8. Placement decisions must be made by a group of persons (i.e., Student Intervention Team and/or Central Office 504 Committee), including persons knowledgeable about your child, the meaning of the evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities. (34 CFR 104.35.)
   9. If eligible under Section 504, your child has a right to periodic reevaluations, generally every three years. (34 CFR 104.36.)
   10. You have the right to examine relevant records. (34 CFR 104.36.)
   11. You have the right to notice prior to any action by the District in regard to the identification, evaluation, or placement of your child. (34 CFR 104.36.)
   12. You have a right to an impartial hearing with respect to the District's actions regarding your child's identification, evaluation, or educational placement, with opportunity for parental participation in the hearing and representation by an attorney. (34 CFR 104.36.)
   13. If you wish to challenge the actions of the District's 504 Committee in regard to your child's identification, evaluation, and education placement, you should file a written request for a hearing with your state department of education's Section 504 compliance office. A hearing will be scheduled before an impartial hearing officer and you will be notified in writing of the date, time, and place for the hearing.
   14. If you disagree with the decision of the impartial hearing officer, you have a right to review of that decision by a court of competent jurisdiction. (34 CFR 104.36.)
   15. On Section 504 matters other than your child's identification, evaluation, and placement, you have a right to file a discrimination complaint with the District's Equity and Compliance Office, who will investigate the allegations to the extent warranted by the nature of the complaint in an effort to reach a prompt and equitable resolution.
   16. You have the right to file a complaint with the Office for Civil Rights.