Section 504
from Help4ADHD.org
Section 504 of the Rehabilitation Act of 1973 is a civil rights law
designed to eliminate discrimination on the basis of disability in any
program or activity receiving Federal financial assistance. Section 504
guarantees certain rights to individuals with disabilities, including the
right to full participation and access to a free and appropriate public
education (FAPE) to all children regardless of the nature or severity of the
disability. Specifically, 34 C.F.R.§104 states: "No otherwise qualified
individual with a disability in the United States...shall, solely by reason
of her or his disability, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance."
Section 504 requires the provision of appropriate educational services;
services that are designed to meet the individual needs of qualified
students to the same extent that the needs of students without a disability
are met. Essentially Section 504 was designed to "level the playing field,"
to ensure full participation by individuals with disabilities.
Who Qualifies?
To qualify under Section 504 a student must: Be determined to have a
physical or mental impairment that substantially limits one or more major
life activities including learning and behavior. Have a record of having
such an impairment OR Be regarded as having such impairment.
How can Section 504 help my child?
Section 504 ensures that a qualified child with a disability has equal
access to education. The child may receive appropriate accommodations and
modifications tailored to the child's individual needs.
What is an "appropriate" accommodation under Section 504?
An appropriate accommodation for a student with a disability under Section
504 could entail:
education in regular classrooms,
education in regular classrooms with supplementary services, modifications
and/or accommodations,
special education and related services OR
any combination of the above.
How do I get my child covered under Section 504?
In order to receive services under Section 504, a child must first be
determined to have a disability that substantially limits one or more major
life functions, including education, learning, and behavior. Only the school
can determine if your child qualifies for accommodations. Parents seeking to
have their child receive services under Section 504 should take the
following steps:
Submit a written request to the school asking for an evaluation to determine
if there is a significant impact on your child's learning or behavior.
Request a copy of your School District's Policies and Procedures on Section
504. This document may be referred to by various names, including Procedural
Safeguards, Parental Rights or something similar. This document will inform
you of your and the school's rights and responsibilities in helping your
child receive the accommodations she or he needs.
How do I file a complaint about my school or school district?
Local school districts are responsible for implementing the provisions of
Section 504. However, ultimate responsibility for enforcing these provisions
rests with the Office of Civil Rights (OCR) of the U.S. Department of
Education. If you believe that a school or school district has violated this
law and efforts at the local level to resolve your complaint have not been
successful, you may file a formal complaint with OCR by contacting the
nearest state/regional office. You may also call the OCR Hotline at
1-800-421-3481. A complaint may also be filed using the OCR Online Complaint
Form.
Links To Info On Section 504 and 504 Plans
List Compiled by Celeste Johnson
http://www.cde.state.co.us/cdesped/download/pdf/504Guidelines.pdf
http://www.ed.gov/about/offices/list/ocr/504faq.html
http://www.cde.state.co.us/cdesped/download/pdf/504ParentGuide.pdf
http://www.cde.state.co.us/cdesped/download/pdf/504Comparison.pdf
http://www.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html
http://jeffcoweb.jeffco.k12.co.us/isu/504/504rights.pdf
http://www.uiowa.edu/infotech/504Training.htm
http://www.504idea.org/NoticePR.pdf
http://www.disabilityrights.org/appendix.htm#prot
http://ericec.org/digests/e606.html
http://mail.pittsfield.net/%7ELinda_Porter/504%20Stuff/504%20Plan.doc
Section 504 - Helping Disabled Students -
After reading a story about a young man's turmoil with
Baltimore City Public Schools, John Wheeler thought this was a story
he could help rewrite. Wheeler, an intake
specialist attorney for Maryland Disability Law Center (MDLC) has
dedicated part of his career to educating parents of disabled or
chronically ill students on the Section 504 of the Rehabilitation Act
of 1973.
TN Sevier
County Tennessee School System Section 504 Plans:
Examples of Program
Accommodations and Adjustments - This
document contains possible examples of 504 accommodations. This is
intended to be a staff document. The following examples are not
offered as check lists and should never be considered as all-inclusive
or mandatory listings. Rather the following are examples intended to
serve as “starters” for 504 teams designing accommodation plans that
meet a student’s specific needs.
Discipline Under Section 504 and the ADA (PDF)
by Perry A. Zirkel, Ph.D., J.D., LL.M
Section 504 Information & Resources from the Wayne
County RESA (Michigan) -
click here.
Resources
From a Parent Regarding Section 504
compiled by
Celeste Johnson
Here are some online resources that discuss Section
504, 504 plans and the differences/similarities among IDEA, Section
504 and the ADA:
http://www.ldonline.org/ld_indepth/legal_legislative/edlaw504.html
http://pathfinder.minot.com/section504.html
http://www.wrightslaw.com/info/sec504.summ.rights.htm
http://www.504idea.org/504_q_a.html
http://www.spedalliance.com/comparative_analysis.htm
http://www.ed.gov/offices/OCR/docs/FAPE504.html
http://www.ldinfo.com/idea504.htm
http://www.adda-sr.org/504.htm
