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Section 504

Students may be identified as disabled under Section 504 of the Rehabilitation Act.   Section 504 of the Rehabilitation Act of 1973 is a federal law which prohibits discrimination against persons with a handicap in any program receiving federal financial assistance.  The Act defines a person with a handicap as anyone who:

  • Has a mental or physical impairment which substantially limits one or more major life activities (major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working);

  • Has record of such impairment; or

  • Is regarded as having such an impairment.

REFERRAL PROCESS

Contact the school principal or counselor if you suspect your child has a physical or mental impairment under Section 504.  School personnel may also refer a student to the School Assistance Team (SAT) if they suspect a student has a disability.  The principal or counselor will contact the appropriate personnel to initiate the MTSS process.  

EVALUATION PROCESS

When the SAT team suspects a disability after following the MTSS process, an evaluation will be completed by a group of persons knowledgeable about the student and may include the parent/guardian, school psychologist, teachers, specialists,  administrators, and student when appropriate. The team will review information and data from a variety of sources. After reviewing the gathered information, the team will document and determine whether the student has a physical or mental impairment that substantially limits a major life activity and at that point, the student would be eligible to receive services under Section 504. 

504 PLAN

If the student is identified as disabled under Section 504, the team will develop an initial Section 504 accommodation plan to address the student’s academic, non-academic, and/or extracurricular needs.

504 REVIEWS

The team will conduct periodic reviews of the student’s Section 504 plan and amend the plan as needed.  

What is the Difference Between Section 504 and IDEA/Special Education?

A student who has a Section 504 plan is a general education student.  Section 504 is a nondiscrimination statute that affords students with disabilities equal access to the District’s educational program as compared to students without disabilities.  If a student with a disability is eligible for a Section 504 Plan, the team  including the parent develops a plan that outlines the services and/or accommodations, modifications, and/or interventions to be provided.  Under Section 504, colleges are required by law to provide reasonable accommodations to students who they determine to have disabilities.  “Reasonable” means that the school does not have to change the fundamental nature of a program or be subjected to undue financial hardship.

Students identified as disabled and eligible for special education services under the Individual with Disabilities Education Improvement Act (IDEA) have an Individualized Education Program (IEP).  Students are considered disabled under the IDEA if they have one of 13-qualifying conditions and are determined to need specially designed instruction.  IDEA requires districts to provide disabled students (ages 3 through 21) with special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.  Special Education Services, as written in an IEP, end when the student graduates from high school or on the 22nd birthday if a student ages out of public K-12 education.