Section 504 Services Overview

• Section 504 is a federal law that protects the rights of individuals with disabilities in programs and activities receiving federal financial assistance from the U.S. Department of Education (ED). It 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, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance."
• The Office for Civil Rights (OCR), through the US Department of Education (ED), enforces Section 504 in programs and activities that receive Federal financial assistance from the ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104.
• The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met. For more information, visit: (Protecting Students with Disabilities - U.S. Department of Education
• Parents can also learn about Section 504 by consulting the Section 504 Coordinator at their child’s school.

Eligibility includes students with physical or mental impairments that significantly limit one or more major life activities, those with a history of such impairments, or those regarded as having such impairments.

• Types of Impairments may include but are not limited to:
  • Physical impairments - physical disabilities or conditions
  • Mental impairments - psychological disorders and specific learning disabilities
• Major Life Activities may include but are not limited to:
  • caring for oneself, performing manual tasks, walking
  • seeing, hearing, speaking, breathing, eating, sleeping
  • standing, lifting, bending, reading, concentrating, thinking
  • communicating, learning, and working.
• Students whose impairments affect their ability to perform these activities may qualify for accommodations under Section 504. Each student’s case is assessed individually.

Section 504 mandates that schools provide students with disabilities with appropriate educational services designed to meet their individual needs, similar to the level of support given to non-disabled students. This may include regular classroom education, additional support in regular classes, or special education and related services.

When a parent requests an evaluation under Section 504, the school must respond to this request. The school must assemble the Section 504 Team to examine the request and any relevant information related to the student to assess if the student qualifies for accommodations. The Section 504 Team will determine the most suitable accommodations if the student is eligible. All decisions made at the school level will be documented in writing.

The Section 504 team meeting involves individuals with detailed knowledge of the student's capabilities, the significance of the evaluated data, and the appropriate accommodations that may best support the student's needs. This team includes the student's parent(s) and, where applicable, the student. The composition of the team must consist of at least two of the following professionals:

• Individuals who can discuss the student's abilities and skills, such as the student's teacher(s) or school counselor.
• Professionals interpreting evaluative reports, like school psychologists, administrators, or social workers.
• Representatives who can provide insights into the available accommodations, such as the Section 504 Coordinator.

These participants collaborate to ensure that decisions regarding accommodations are well-informed and tailored to the student's specific educational requirements.

The Section 504 Team examines various sources to assess the student's abilities and needs accurately. This may include data from:

• Assessments and observations
• Student work samples and report cards
• Medical and psychological records

Parents and school staff are encouraged to contribute any relevant and insightful information describing the student’s abilities and needs.

While physicians may diagnose and recommend specific accommodations for students, it is essential to note that the ultimate decision regarding providing these accommodations at school rests with the Section 504 Team. The Section 504 Team will carefully consider the physician's recommendations and determine whether they are suitable and deliverable to implement within the school environment.

Eligibility for Section 504 accommodations is determined on a case-by-case basis by the Section 504 Team, which thoroughly reviews multiple sources of information to assess whether a student's impairment substantially limits a major life activity. Based on the evidence provided, the team considers how the impairment significantly affects the student's performance and participation in school.

Not every student who requires medication administration or health/medical services needs a Section 504 Plan. A plan is only necessary if the student's need for medication or health/medical services significantly impacts their ability to participate in school fully.

Accommodations are developed by the Section 504 Team, which identifies and implements individualized supports tailored to each student's unique needs, considering the nature and severity of their impairment.

Once a student is deemed eligible, their eligibility is not permanent. The Section 504 Team reviews and updates the student’s Section 504 Plan annually. The student will remain eligible for accommodations if their impairment continues to substantially impact their academic performance, participation in school, or both.

For more information about Section 504, parents are encouraged to contact the Section 504 Coordinator at their child’s school.