Resource: Section 504 Pocket Guide

Resources

Section 504 Pocket Guide

Disability Under Section 504

Under Section 504, an individual with a disability is defined as a person who:

1. has a physical or mental impairment that substantially limits a major life activity;

2. has a record of such an impairment; or

3. is regarded as having such an impairment

Things to Remember

A student who qualifies for services under Section 504, has the right to aids, benefits, or services, equal to and as effective as those provided to students without disabilities.
An accurate, individualized, and comprehensive Section 504 evaluation includes a variety of assessment tools and strategies that are administered by trained and knowledgeable individuals, at no cost to the student's parents.
Section 504 Plan should provide a description of the:
1. qualified student's strengths and needs;
2. accommodations/services developed from the information from an evaluation;
3. individuals that will provide the accommodations/services; and
4. the setting(s) that the accommodations/services will be implemented.
A school district that has more than 15 employees, must designate an employee to coordinate the district's efforts to comply with Section 504 (Section 504 Coordinator) and have procedural requirements and safeguards in place that include grievance procedures describing the district's mediation, complaint, and due process hearings process.
A student who has an impairment that is episodic or in remission is considered to be a person with a disability if, when active, the impairment substantially limits a major life activity.

504 Services Process

1. General Education Interventions

2. Referral

3. Notification

4. Consent

5. Evaluation

6. Identification

7. Consent

8. Services/Accommodations

9. Implementation

10. Review and Reevaluation

Terms & Acronyms

Accommodations - Adaptations made by the classroom teacher(s) and other school staff to enable the student to have equal and effective access to academic and nonacademic activities. The accommodations are determined by the student's Section 504 team based upon the evaluation result.

Americans with Disabilities Act (ADA) - A civil rights law that prohibits discrimination against persons with disabilities in the areas of accessibility, employment, public services, public accommodations, transportation, and communication. Congress passed the ADA amendments in 2009.

Major Life Activity - Major life activities include certain acts a person does such as hearing, speaking, lifting and a person's bodily functions such as lung disease that affects a person's respiratory system, or a traumatic brain injury that affects the function of the brain. These lists do not provide every possible major life activity or bodily function.

Office of Civil Rights (OCR) - The Office of Civil Rights receives concerns regarding students who are protected by Section 504. OCR enforces several federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education.

Physical or Mental Impairment - Section 504 defines a physical or mental impairment as any: 1) physiological disorder or condition; 2) cosmetic disfigurement; or 3) anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine.

Section 504 of the Rehabilitation Act of 1973 - A federal law that protects the rights of individuals with disabilities in programs and activities that receive federal funds. Section 504 states, "No otherwise qualified individual with a disability in the United States... 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."