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Special Education » Section 504

Section 504

Meridian Way Sign - redSection 504 of the Rehabilitation Act of 1973 and the American with Disabilities Act (ADA) requires that Meridian not discriminate on the basis of disability in any District program or activity. The district will identify, evaluate, and provide an appropriate public education to students who are disabled under Section 504, including homeless children. 

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;
      • An "impairment" as used under the Section 504 definition 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"
      • Major life activities include, but are not limited to: 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.
      • "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."
    • has a record of such an impairment; or
    • is regarded as having such an impairment" [34 C.F.R. §104.3(j)(1)].


Eligibility

Section 504 Child Find

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.)

To determine eligibility under Section 504 the committee must consider all the following questions:

  • Does the learner have a physical or mental impairment?
  • Does the physical or mental impairment affect one or more major life activities including major bodily functions?
  • Does the physical or mental impairment substantially limit a major life activity? It is important to specifically identify what the substantial limitations are and how they impact learner performance and progress.
  • Does the student require Section 504 services in order for his/her educational needs to be met as adequately as those of non-disabled peers?

 

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.

Placement/Support


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)].

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.

Rights/Responsibilities 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:
 

Director
Office for Civil Rights, Region VI
1999 Bryan Street, Suite 160
Dallas, Texas 75201-6810
Telephone (214) 661-9600