Section 504 of the federal Rehabilitation Act of 1973, and the Americans with Disabilities Act (42 USC 12101, et seq.) prohibits discrimination on the basis of disability. Section 504 requires school districts to identify and evaluate children with disabilities in order to provide them a free, appropriate public education (FAPE). Individuals with a physical or mental impairment that substantially limits one or more major life activities, including seeing, hearing, walking, breathing, working, performing manual tasks, learning, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, speaking, are eligible to receive services and aids designed to meet their needs as adequately as the needs of non-disabled students are met.


Section 504 Referral Process

Students who may be qualified as a "person with a disability" as that term is defined in 34 C.F.R. § 104.3 can be referred by a parent, teacher, school employee,*Student Success Team" (SST), or community agency, to the school 504 Coordinator.


Section 504 Screening and Evaluation Procedures

Upon receiving a referral, the 504 Team will be responsible for:

  • conducting evaluations
  • reviewing existing data; and or
  • considering evaluations by practitioners outside the District done by properly certified professionals in the area of the claimed disability to understand the educational needs of students determined to be eligible or those referred for eligibility.

The 504 Team is encouraged to draw upon information from many sources in making their eligibility determination.  To this end, evaluations conducted in relation to a referral to special education services may be used.  In addition, reviewing existing data and informal evaluations by certificated staff and observations may also be used and relied upon.  The 504 Team could consider aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, social/ emotional behavior, student records, and medical records.

 
Informal observations and evaluations by certificated staff shall not require written consent of the parent/guardian.  Notice to the parent/guardian shall be provided in advance of all formal testing to be conducted by the District.  Consent by the parent/ guardian shall be required in advance of any such evaluation.  In the event that the parent does not consent to the testing, the parent/guardian shall be advised of their right to request formal testing in the future and of their due process rights.  Failure of the parent/guardian to consent to evaluation shall result in a waiver of any claim they may have for the provision of Section 504 identification and services for the named student.

For more information or support regarding Section 504, please contact your School Section 504 Coordinator or Student Support Services at the District Office.

 

Section 504 Parent/Guardian Rights & Safeguards