There are two major laws that work to protect and support individuals with disabilities: the Rehabilitation Act (Section 504) and the Individuals with Disabilities Education Act (IDEA).

Section 504 states that a person with a disability cannot be excluded from or denied benefits for any program receiving federal financial assistance, including public schools. IDEA ensures that a student with a disability is provided a public education tailored to their needs.

Section 504 and special education are two separate services. Both IDEA and the Rehabilitation Act protect a student with a disability’s right to a free appropriate public education, eligibility for services, procedural safeguards, evaluations, and special education services. However, in one situation of eligibility services and the provision of those services is through special education, IDEA, and in the other situation those services are provided by regular education, Section 504.

Definition of Disability

A person is disabled within the definition of Section 504 if they have a documented mental or physical impairment that substantially limits one or more major life activities (e.g., walking, speaking, breathing, learning, seeing, hearing, working) and impacts education.

Clues for Evaluation

• When a student who has been referred for special education evaluation, but is determined to be ineligible.
• When retention is being considered.
• When a student shows a pattern of not benefiting from the instruction 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.
• When a disability of any kind is known or suspected.

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 the ability to learn (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 (e.g., physician, psychiatrists, psychologists, physical therapists, occupational therapists, speech-language therapists, vision and hearing specialists) or a team of professionally credentialed individuals who are familiar with your student. Evaluations are conducted through formal and informal assessment practices. If we or the parent have reason to believe that, because of a disability as defined under Section 504, a child may need specific accommodations in order to participate in the school program, we must evaluate the child. 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 and negotiate reasonable accommodations for the student to gain access to an appropriate education, documented within a written 504 plan. Copies of the 504 plan will be distributed to parents, the classroom teacher, within the student’s cumulative school file, and other educators, as needed.

A general education case manager will be assigned to every 504 student to ensure the 504 plan is being implemented and the coordination with the classroom teacher is complete. The 504 plan will be reviewed at least once a year by the 504 Coordinator, the student’s parents, the classroom teacher, and any other individuals who can contribute information.

Procedural Safeguards

Parents have procedural safeguards similar to those of IDEA requirements. Parents have the right to examine their child’s educational records, the right to notice, the right to an impartial hearing, and the right to appeal actions by the school district regarding the identification, evaluation, or educational placement of the student. Section 504 compliance is a general education responsibility rather than a special education responsibility.

Discipline

As with IDEA, Section 504 prohibits schools from punishing students for misconduct that is related to their disability. Therefore, if a student on a 504 requires a change of placement as a result of misconduct (i.e., suspension beyond 10 days and / or expulsion), a manifestation determination meeting is required.