Pursuant to Section 504 of the Rehabilitation Act of 1973, the District has a duty to identify, refer, evaluate and if eligible, provide a free, appropriate public education to disabled students.
Child-Find - any student who needs or is believed to need §504 services must be “identified” by the school district for referral to §504 committee for evaluation.
What is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a federal law that prohibits discrimination on the basis of disability. Unlike Individuals with Disabilities Education Act (IDEA) that governs special education, Section 504 is not an education, service, or funding statue. The purpose of Section 504 is to ensure that individuals with disabilities are given the same opportunity to participate in programs and activities as are their nondisabled peers.
Who is eligible under Section 504?
Students may qualify for protection under Section 504 if they have a mental or physical impairment that substantially limits one or more major life activities. A label, disability, or diagnosis, alone, does not make a student eligible under Section 504. The disability must substantially limit the student’s performance as compared to the performance of the average student in the general population.
Does Section 504 require an evaluation to determine eligibility?
Yes. However, evaluation does not necessarily mean a test or formal psychological evaluation. It refers to the gathering of data and/or information from a variety of sources so that the Section 504 committee may make the required determinations. Depending on the suspected disability, common sources of evaluation data are grades, attendance records, health information, standardized test scores, teacher comments, observations, medical records, discipline referrals, etc. The committee will consider any data provided by the parent, including medical documentation and private evaluations.
A 504 Plan
This is a written document outlining specific accommodations and/or related services that are necessary for the student to access all programs and facilities. This may include extracurricular activities as well. All accommodations that are approved by the Section 504 committee must be necessary due to the specific substantial limitations caused by the student’s documented disability. Accommodations are intended to level the playing field and not to give an unfair advantage.
ADDITIONAL QUESTIONS
Gather any documentation and data you have to support your child’s suspected disability and provide that information to the campus. Depending on the documentation you have, you can provide it to the campus nurse or specifically ask for the information to be given to the campus Section 504 Coordinator.
Every campus has one or more individuals who are designated as the Section 504 Coordinator.
The following are the designated Section 504 Coordinators according to level:
- ES: Associate Principals
- MS: Assistant Principals and Academic Deans
- HS: Section 504/Testing Coordinator and various Assistant Principals
You will want to reach out to the campus Section 504 coordinator to address your concerns. A Section 504 evaluation meeting will be held if any changes need to be made to the plan. Decisions to make changes in a plan are driven by data, committee discussion, and anecdotal information from parents and teachers.
According to federal regulations, “...placement decisions are to be made by a group of persons who are knowledgeable about the child, the meaning of the evaluation data, placement options, least restrictive environment requirements…” [34 C.F.R. §104.35(c)(3)]. This group of knowledgeable people is referred to as the Section 504 Committee.
Unlike Special Education, the federal regulations for Section 504 do not require parents to be a part of the decision-making committee. The decision about meeting participants varies by school district and by the student's needs. In Northside ISD, we provide Notice of the Section 504 meeting and invite parents to participate in the meeting. Parents are encouraged to attend and provide information they may have, such as doctor’s reports, outside testing reports, etc., that would be helpful to the Section 504 committee in determining the child’s needs to access the school environment.
Yes. A child cannot be placed under Section 504 without parent permission. Parents must always be given notice before their child is evaluated and/or placed under Section 504 (34 C.F.R. §104.36). Parents must also be given a copy of their child's Section 504 plan if the committee determines that the learner is eligible under Section 504.
THE SECTION 504 PROCESS IN NISD:
1. Referral:
Parents/Guardians are invited to refer their child to the 504 process if they believe that their student has a physical or mental impairment that could make their child eligible for Section 504 protections. Each school has a Section 504 coordinator who will facilitate the process. Other individuals may also make referrals, such as health care professionals, teachers, and other school staff members.
2. Eligibility:
Once the school receives the referral, the Section 504 Coordinator will ask the parent/guardian to provide medical documentation or additional information. At the meeting, the committee will review all available information and determine whether or not the student is eligible under Section 504.
3. Plan Development:
If the student is determined to be eligible, then the Section 504 committee will write a Section 504 plan for the student, describing the accommodations and services that the student needs in order to access the general education curriculum at school.
4. Monitoring:
The Section 504 committee will meet to review the student’s Section 504 plan and to determine whether any changes are needed. Parents/guardians can also request a meeting if they think that the Section 504 Plan needs to be reviewed or updated. In addition to reviewing the student’s Section 504 plan each year, the Section 504 committee may also review the student’s eligibility for Section 504 every three years.
POINTS OF CONTACT
Child Find Services
Dr. Coleman Heckman (210) 397-3508
Dr. Coleman Heckman is the designated point of contact regarding options for a student experiencing learning difficulties or regarding a referral for evaluation for special education services.
Section 504 Referrals
Jocelyn Dudney (210) 397-8810
Jocelyn Dudney is the designated point of contact regarding options for a student experiencing learning difficulties or regarding a referral for evaluation for Section 504 services.
Each school district or charter school must have standards and procedures in place for the evaluation and placement of students in the district’s or charter school’s Section 504 program. Districts and charter schools must also implement a system of procedural safeguards that includes notice, an opportunity for a parent or guardian to examine relevant records, an impartial hearing with an opportunity for participation by the parent or guardian and representation by counsel, and a review procedure.