Section 504 of the Rehabilitation Act of 1973 guarantees persons with disabilities are given equitable access to education compared to their non-disabled peers. Section 504 is not a special education law and having a 504 plan does not mean that an individual will receive special education services. Instead, a 504 plan guarantees a right to Free Appropriate Public Education (FAPE) and provides eligible individuals with accommodations that will ensure equitable access to the district's programs, services, and aids.

Definition of Disability

Section 504 protects qualified individuals with disabilities. Under this law, individuals with disabilities are defined as persons with a physical or mental impairment which substantially limits one or more major life activities; including people who have a history of, or who are regarded as having a physical or mental impairment.

Clues for Evaluation

• When a disability of any kind is known or suspected.
• When a student shows a pattern of not benefiting from the programs, services, and aids being provided.
• When a student returns to school following a serious illness or injury.
• When a student exhibits a chronic health condition.
• When a student is “at risk” or shows the potential of dropping out of school.
• When a student may be involved in substance abuse.

There may be a potential existence of a disability and possible Section 504 protection for students diagnosed with asthma, HIV, Tourette’s Syndrome, Attention Deficit Hyperactivity Disorder (ADHD), heart malfunctions, communicable diseases, urinary conditions, blood disorders, chronic fatigues syndrome, school phobia, respiratory conditions, blood / sugar disorders, post traumatic disorders, and other health issues that may affect a major life activity or bodily function (e.g., epilepsy, cancer, birth defects, tuberculosis, etc.).

Eligibility

To determine eligibility for Section 504 services, your student must be evaluated by a certified or licensed individual or a team of professionally credentialed individuals who are familiar with your student. Evaluations are conducted through formal and informal assessment practices. The multidisciplinary team responsible for handling 504 referrals at the schools must make a determination of the need for services on an individual basis.

Services

If it is determined that a student is eligible under Section 504, we must develop and implement the delivery of necessary and reasonable accommodations. The 504 Site Coordinator, the student’s teacher(s), parents, and other pertinent educators will meet to discuss reasonable accommodations for the student to ensure access to the programs, services, and aids of our district. These reasonable accommodations will be documented within a written 504 plan.

Procedural Safeguards

Procedural safeguards under Section 504 in Colorado are rights that protect parents and students with disabilities by ensuring they receive information about their educational rights, have a say in decisions, and can seek due process if they disagree with a school's decision. Section 504 compliance is a general education responsibility rather than a special education responsibility.

Discipline

Students with a Section 504 Plan are subject to the school district’s disciplinary policies and consequences. However, Section 504 prohibits schools from disciplining students for behavior that is related to their disability. Therefore, if a disciplinary action results in a change of placement—such as a suspension of more than 10 consecutive school days or an expulsion—a manifestation determination meeting must be held to determine whether the misconduct was direct and substantially related to the student’s disability.