Section
504
A Parent and Teacher Guide?
to Section 504:?
Frequently Asked Questions?
Section 504 is part of a federal civil rights law
known as the Rehabilitation Act of 1973. This law
specifically prohibits discrimination against students
with disabilities and guarantees them a free and
appropriate public education (FAPE). Discrimina?
tion, as defined in Section 504, is the failure to
provide students with disabilities the same opportu?
nity to benefit from education programs, services, or
activities as is provided to their nondisabled peers.
Therefore, schools cannot exclude students with
disabilities from facilities, programs, benefits,
activities, or services that are provided to students
without disabilities. Schools must make sure that all
students receive equal access to educational
opportunities. Students with disabilities receiving
exceptional student education (ESE) services, as
defined by the Individuals with Disabilities
Education Act (IDEA), are protected under Section
504, but not all Section 504 students are eligible for
ESE.
Questions and Answers?
1.
How does the Rehabilitation Act of 1973 define a “person with disabilities”?
The Rehabilitation Act of 1973 defines a person with disabilities as any person who has a physical or
mental impairment that substantially limits one or more major life activities, has a record of such
impairment, or is regarded as having an impairment. Major life activities as defined in the Rehabili?
tation Act of 1973 include caring for one’s self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working. Learning does not have to be the major life activity
affected in order for an individual to be eligible for protections and services under Section 504.
2.
How are students identified as having a disability?
A parent, teacher, or other member of the school staff may raise a concern about a student’s unique
need for special help. Parents, teachers, and other staff members will meet to discuss all relevant
information about the student. The parents’ participation in this meeting is critical and helps to
establish an accurate picture of the student’s needs. At the meeting, the team will consider whether
the student has a disability that substantially limits a major life activity. (See definitions in question
#1.) If the team needs more information, they will request the parent’s consent to evaluate the
student. If the team determines that the student does have a disability, they will then identify what
types of support, or
accommodations,
are appropriate to meet the student’s needs. The accommoda?
tions will be described in a document referred to as the Section 504 accommodation plan.
3.
What is included in a Section 504 accommodation plan?
A Section 504 plan describes the accommodations that the school will provide to support the
student’s education. The team that determined the student’s eligibility for Section 504 and identified
the needed accommodations will write the accommodation plan. While Section 504 does not require
a written plan, it does require documentation of evaluations and accommodations. It is very useful to
have a written plan to provide clarity and direction to the individuals delivering services or making
accommodations.
While there is no time limit specified for an accommodation plan, a yearly review is recommended.
Section 504 accommodation plans may be updated at any time to reflect changes and recommenda?
tions by the team.
4.
What is the role of parents?
Parents are their child’s first and most important teachers, as well as their advocates. If a parent
believes his or her child has a disability or is having problems in school, the child’s teacher should
be contacted to discuss these concerns. Building a strong parent/school relationship begins with
effective communication. Parents play a key role by providing important information to schools
about their child’s needs, particularly for students with disabilities. As an added benefit, this
involvement demonstrates the importance the parent places on education.
5.?
What is the role of teachers?
Classroom teachers need to be flexible in their teaching techniques and expectations for students
with disabilities. In order for students with disabilities to be successful in school, teachers may need
to modify the classroom environment, adjust their teaching strategies, or make other accommoda?
tions. In addition to making classroom modifications, other tasks include assessment of student
progress and effective communication with parents. Teachers are required under Section 504 to make
necessary accommodations as specified in the Section 504 accommodation plan.
6.?
What should parents or teachers do if they become dissatisfied with the plan?
Ongoing communication between parents and teachers will help avoid disagreements related to the
student’s accommodation plan. When parents’ or teachers’ concerns are not addressed to their
satisfaction, they should contact the school principal or the designated staff member responsible for
Section 504. If the plan is not appropriate, it should be revised following the same procedures used
to develop the original plan. Because situations change and students’ needs change, flexibility in this
process will help everyone meet the student’s needs.
7.?
What procedural safeguards are provided by Section 504?
Procedural safeguards
are rules that tell what procedures schools (and parents) must use in making
decisions about services for students with disabilities. School principals should have the procedural
safeguards information available for parents upon request. Under Section 504, parents have the right
•?
to receive notice regarding the identification, evaluation, and placement of their child
•?
to receive prior notice when the school is changing or discontinuing services for their child
•?
to review their child’s records
•?
to participate in an impartial hearing and review process with or without representation by
counsel.
In addition, school districts must provide public notification of the following:
•?
policies of nondiscrimination
•?
grievance procedures
•?
the contact information for the district coordinator of Section 504 compliance.
8.?
Are students with disabilities disciplined differently than are their nondisabled peers?
While all students are expected to follow classroom and school rules, a student with a disability may
need a specialized behavior plan or accommodations to support his or her appropriate behavior
during all school activities. Students with disabilities are not exempt from consequences for
violations of the code of student conduct. In cases of severe violations of the district’s code of
student conduct, disciplinary interventions are frequently based on approved school board policies
and require specific consequences. However, if it is determined that the behavior was a manifestation
of the student’s disability, the consequence outlined in the student code of conduct may be deemed
inappropriate and consideration should be given to revising the students’s individual behavior plan.
Revisions may include strategies and supports that will reduce the likelihood that inappropriate
behavior occurs in the future and encourage more socially accceptable behaviors within the
school setting. Students who are eligible under the Individuals with Disabilities Education
Act (IDEA) cannot be denied a free and appropriate public education (FAPE) as a result of
discipline. Although Section 504 does not specifically address discipline, best practice would
suggest that districts use the policies and procedures outlined in the IDEA when making
decisions about disciplinary consequences for a student eligible for a Section 504 accommo?
dation plan.
9.
What are the major differences between IDEA and Section 504?
Both IDEA and Section 504 guarantee students with disabilities access to a free and
appropriate public education. However, there are major differences between them,
specifically in the criteria used to determine eligibility and the definition of a free and
appropriate public education. IDEA provides more specific categories of disabilities,
including mental retardation, hearing impairments (including deafness), speech or language
impairments, visual impairments (including blindness), emotional disturbance, orthopedic
impairments, autism, traumatic brain injury, other health impairments, and specific learning
disabilities. For a student to receive exceptional student education services under IDEA, the
student’s educational performance must be adversely affected by the disability and he or she
must be in need of special education services (i.e., specialized instruction). Students with a
disability who meet specific IDEA requirements are also protected under Section 504.
Finally, IDEA applies only to individuals from birth through age 21.
Section 504 is not limited to specific disability categories and does not require evidence that
the disability adversely affects the student’s educational performance, however the definition
states that in order to be eligible for an accommodation plan, the student must “have a
physical or mental impairment which substantially limits one or more major life activities.”
Major life activities under Section 504, includes caring for oneself, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and working. Students ineligible for
services provided under IDEA may be eligible for accommodations under Section 504.
Finally, Section 504 covers individuals of all ages.
10. Whom do I contact for information on Section 504?
Parents and teachers may contact the school principal; the school district’s Section 504
coordinator; the Florida Department of Education’s Student Support Services office at (850)
922-3727; the Florida Department of Education’s Office of Equity and Access at (850) 245?
0511; or the U.S. Department of Education’s Office for Civil Rights at (404) 562-6350 or
email OCR_Atlanta@ed.gov.
Florida Department of Education
Jim Horne, Commissioner
ESE 11780