Section 504
Pursuant to Section 504 (§504) of the Rehabilitation Act of 1973, the District has a duty to identify, refer, evaluate and if eligible, provide a free, appropriate public education to disabled students.
Child Find - any student who needs or is believed to need Section 504 services must be “identified” by the district for referral to Section 504 committee evaluation.
What is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a federal law that prohibits discrimination based on disability. Unlike Individuals with Disabilities Education Act (IDEA) that governs special education, Section 504 is not an education, service, or funding statue. The purpose of Section 504 is to ensure that individuals with disabilities are given the same opportunity to participate in programs and activities as are their nondisabled peers.
Does Section 504 require an evaluation to determine eligibility?
Yes. However, evaluation does not necessarily mean a test or formal psychological evaluation. It refers to the gathering of data and/or information from a variety of sources so that the Section 504 committee may make the required determinations. Depending on the suspected disability, common sources of evaluation data are grades, attendance records, health information, standardized test scores, teacher comments, observations, medical records, discipline referrals, etc. The committee will consider any data provided by the parent, including medical documentation and private evaluations.
Who is eligible under Section 504?
Students may qualify for protection under Section 504 if they have a mental or physical impairment that substantially limits one or more major life activities. A label, disability, or diagnosis, alone, does not make a student eligible under Section 504. The disability must substantially limit the student’s performance as compared to the performance of the average student in the general population.
The 504 Plan
This is a written document outlining specific accommodations and/or related services that are necessary for the student to access all programs and facilities. This may include extracurricular activities as well. All accommodations that are approved by the Section 504 committee must be necessary due to the specific substantial limitations caused by the student’s documented disability. Accommodations are intended to level the playing field and not to give an unfair advantage.
1. Referral: Parents/Guardians are invited to refer their child to the 504 process if they believe that their student has a physical or mental impairment that could make their child eligible for Section 504 protections. Other individuals may also make referrals, such as health care professionals, teachers, and other school staff members. Each school has a Section 504 coordinator who will facilitate the process; in BISD your counselor is your 504 Coordinator.
2. Eligibility: Once the referral has been received by the school, the Section 504 coordinator may ask the parent/ guardian to provide medical documentation or additional information and invite the parent/guardian to attend a Section 504 eligibility determination meeting. At the meeting, the 504 committee will review all available information and determine whether the student is eligible for Section 504.
3. Plan Development: If the student is determined to be eligible, then the Section 504 committee will write an Individual Accommodation Plan (IAP) or Section 504 plan for the student, describing the student’s impairment and accommodations and services that the student needs to access the general education curriculum at school.
4. Monitoring: The Section 504 committee will meet annually to review the student’s Section 504 plan and to determine whether any changes are needed. Parents/guardians can also request a meeting if they think that the Section 504 Plan needs to be reviewed or updated. The Section 504 committee may also review the student’s eligibility for Section 504 every three years (for example, obtain updated letter of diagnosis, or review if the impairment still presents substantial limitations, etc.)