Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met. Section 504 states that: "No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, 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), 34 C.F.R. §104.4(a)].
Who is an "individual with a disability"?
As defined by federal law under Section 504:
"An individual with a disability means any person who:
- has a mental or physical impairment which substantially limits one or more major life activity;
- has a record of such an impairment; or
- is regarded as having such an impairment" [34 C.F.R. §104.3(j)(1)].
What is an "impairment" as used under the Section 504 definition?
An impairment as used in Section 504 may include any disability, long-term illness, or various disorder that "substantially" reduces or lessens a student's ability to access learning in the educational setting because of a learning-,behavior-, or health-related condition. ["It should be emphasized that a physical or mental impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities" (Appendix A to Part 104, #3)].
Many students have conditions or disorders that are not readily apparent to others. They may include conditions such as specific learning disabilities, diabetes, epilepsy, and allergies. Hidden disabilities such as low vision, poor hearing, heart disease, or chronic illness may not be obvious, but if they substantially limit that child's ability to receive an appropriate education as defined by Section 504,they may be considered to have an "impairment" under Section 504 standards
As a result, these students, regardless of their intelligence, will be unable to fully demonstrate their ability or attain educational benefits equal to that of non-disabled students.
The definition does not set forth a list of specific diseases, conditions, or disorders that constitute impairments because of the difficulty of ensuring the comprehensiveness of any such list. While the definition of a disabled person also includes specific limitations on what persons are classified as disabled under the regulations, it also specifies that only physical and mental impairments are included,thus"environmental, cultural, and economic disadvantage are not in themselves covered" (Appendix A to Part 104, #3).
What are "major life activities"?
Major life activities include, but are not limited t self-care, manual tasks, walking, seeing, speaking, sitting, thinking, learning, breathing, concentrating, interacting with others, and working. In September 2008, Congress expanded the list of major life activities to also include, but not limited to, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, and working. This non-comprehensive list includes individuals with AD/HD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette's Syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders, temporary disabilities (e.g., broken writing arm, broken leg, etc.). Students who are currently using illegal drugs or alcohol are not covered or eligible under Section 504.
What does "substantially limits" mean?
"Substantially limits" is not defined in the federal regulations. However, in a letter from the Office for Civil Rights (OCR), they state, "this is a determination to be made by each local school district and depends on the nature and severity of the person's disabling condition."
Who can refer a child for consideration for evaluation under Section 504?
Anyone can refer a child for evaluation under Section 504. However, while anyone can make a referral, such as parents, teachers or a doctor, OCR stated in a staff memorandum that "the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability." (OCR Memorandum, April 29, 1993.)
Therefore, a school district does not have to refer or evaluate a child under Section 504 solely upon parental demand. The key to referral is whether the school district staff suspects that the child is suffering from a mental or physical impairment that substantially limits a major life activity and is in need of either regular education with supplementary services or special education and related services [Letter to Mentink 19 IDELR 1127 (OCR) 1993]. If a parent requests a referral for evaluation, and the campus determines they lack evidence to support a referral for a 504 Evaluation, Mathis Independent School District will provide parents with notice of their procedural rights under Section 504
Does the school have to refer a student to 504 and conduct an evaluation if the student has been placed in a private or home school by his/her parents?
Once the District has offered the child a free appropriate public education, it has no duty to provide “educational services to students not enrolled in the public school program based on the personal choice of the parent or guardian.” Letter to Veir, 20 IDELR 864 (OCR 1993); Hinds Co. School Board, 20 IDELR 1175 (OCR 1993).
Who decides whether a student is qualified and eligible for services under Section 504?
According to the federal regulations:
"...placement decisions are to be made by a group of persons who are knowledgeable about the child, the meaning of the evaluation data, placement options, least restrictive environment requirements, and comparable facilities" [34 C.F.R. §104.35(c)(3)].
Unlike Special Education, the federal regulations for Section 504 do not require or even mention that parents are to be a part of the decision-making committee. The decision to include parents in the decision-making committee is a determination that is made by each school district and should be spelled out in the district's procedures for implementing Section 504. In Mathis Independent School District we will provide parents notice of Section 504 Meeting and invite parents to participate in the Section 504 Meeting. Parents are asked and encouraged to contribute any information that they may have (e.g., doctor's reports, outside testing reports, etc.) that would be helpful to the Section 504 committee in their determination of what the child may need. Schools are expected to make sound educational decisions as to what the child needs in order to receive an appropriate education.
What information is used in a Section 504 Evaluation?
Under Section 504, no formalized testing is required. The 504 Committee should look at grades over the past several years, teacher's reports, information from parents or other agencies, state assessment scores or other school administered tests, observations, discipline reports, attendance records, health records, and adaptive behavior information. Schools must consider a variety of sources. A single source of information (such as a doctor's report) cannot be the only information considered.
How does Section 504 affect the way a school district implement the state dyslexia law and the State Board of Education rules and procedures?
If a student is not suspected of having a disability within the scope of IDEA 2004, he/she may still have a disability within the scope of Section 504. Such a student must be assessed, evaluated, and provided an education that meets the individual needs of the student as adequately as the students without disabilities are served in the district.
When students are singled out for individualized assessment, the procedures for assessing students for dyslexia must be carried out within the requirements of Section 504, including notification of parents/guardians; opportunity for parents/guardians to examine relevant records; use of valid measures; and evaluation and placement by a team of persons knowledgeable about the student, meaning of the evaluation data, and placement options.
Can my child be placed under Section 504 without my knowledge?
No. Parents should always be given notice in writing before their child is evaluated and/or placed under Section 504. (34 C.F.R. §104.36). Parents must also be given a copy of their child's Section 504 accommodation plan if the committee determines that the child is eligible under Section 504.
What types of accommodations will my child receive if determined eligible under Section 504?
Each child's needs are determined individually. Determination of what is appropriate for each child is based on the nature of the disabling condition and what that child needs in order to have an equal opportunity to compete when compared to the non-disabled. The ultimate goal of education for all students, with or without disabilities, is to give students the knowledge and compensating skills they will need to be able to function in life after graduation.
Can my child still be disciplined under Section 504?
Yes. Children under Section 504 are still expected to follow the district's student code of conduct. However, when disciplining a child under Section 504, schools must consider the relationship between the disability and the misbehavior if the child is going to be removed from the regular setting for longer than 10 days. This does not mean that a student with a disability cannot be sent to a discipline center or that they cannot go to in-school suspension, or be suspended from school for three days. Very strict guidelines exist for schools in discipline issues with students who have a disability under Section 504. Your campus 504 coordinator can assist you in this area should you have additional questions concerning the discipline of students with disabilities. Children having disabilities with behavioral components should have individual discipline plans as well as behavior intervention plans.
If I disagree with the school's evaluation, will the school district pay for an outside independent evaluation?
Under Section 504, schools are not required to pay for an outside independent evaluation. If a parent disagrees with the school's evaluation decision, they may submit a written request to have the 504 Committee decision reviewed by the District 504 Coordinator, request a due process hearing or file a complaint with the Office for Civil Rights. (See Notice of Parent and Student Rights Under Section 504 of the Rehabilitation Act of 1973.)
How often will my child be re-evaluated?
While there are no specific time lines on this issue, students must be re-evaluated at least every three years or whenever there is going to be a "significant change in placement". In Mathis Independent School District, the student’s Section 504 Committee will convene annually to determine continued eligibility and revise your child's plan to make sure that his or her accommodation plan is appropriate based on their current schedule and individual needs. The accommodation plan may be revised during the school year if needed.
Will my child still be able to participate in non-academic services?
Yes. Mathis ISD must provide equal opportunity in areas such as counseling, physical education and/or athletics, transportation, health services, recreational activities, and special interest groups or clubs. However, the "no pass, no play" standard used for students in Texas also applies to students under Section 504 (34 C.F.R. §104.37).
What Are My Rights as a Parent under Section 504?
As a parent or legal guardian, you have the right to:
- Receive notice regarding the identification, evaluation, and/or placement of your child;
- Examine relevant records pertaining to your child;
- File a complaint with your school district Section 504 Specialist, who will investigate the allegations regarding Section 504 matters other than your child's identification, evaluation, and placement
- Request an impartial hearing with respect to the district's actions regarding the identification, evaluation, or placement of your child, with an opportunity for the parent/guardian to participate in the hearing, to have representation by an attorney, and have a review procedure;
- File a complaint with the appropriate regional Office for Civil Rights. For additional information, contact:
Office for Civil Rights, Region VI
1999 Bryan Street, Suite 160
Dallas, Texas 75201-6810
Telephone (214) 661-9600
Does TEA (Texas Education Agency) have jurisdiction over Section 504?
No. TEA has no jurisdiction over Section 504 implementation
Who do I contact if I have questions about Section 504?
Each campus has a Section 504 Campus Lead. Any questions regarding your child's possible eligibility for Section 504 should first be brought to the attention of the 504 Campus Lead. For further assistance please contact the following