WHAT IS SECTION 504?

The Section 504 Rehabilitation Act Program (Section 504) for enables a student with a physical or mental impairment that substantially limits one or more major life activities to receive accommodations and/or related services to ensure equal access to education. The Section 504 is basically civil rights legislation for persons with disabilities who meet the definition of disability in the Act. Public schools must provide for Section 504 because they receive Federal funding for various programs.

Any student who needs or is believed to need Section 504 accommodations and/or services because of a disability or suspected disability should be referred for evaluation for eligibility to the school's Section 504 Coordinator.

A Section 504 plan is not special education. To understand the differences between Section 504 and the Individuals with Disabilities Education Act (“IDEA”) please click below to download the document written by the Council for Exceptional Children.

(To view document, click this link)

ELIGIBILITY

Having a disability does not automatically make a student eligible for a Section 504 plan. The school has to do an evaluation to decide if a child’s disability “substantially” limits his ability to learn and participate in the general education classroom.

Either the parent or the school can initiate this evaluation. When doing an evaluation for a Section 504 plan, the school considers information from several sources, including:

  • Documentation of the child’s disability (such as a doctor’s diagnosis)

  • Evaluation results (if the school recently evaluated the child for an IEP)

  • Observations by the student’s parents and teachers

  • Academic record

  • Independent evaluations (if available)

Section 504 requires evaluation procedures that prevent students from being mis-classified, incorrectly labeled as having a disability or incorrectly placed.

SECTION 504 ACCOMMODATIONS

Most students would benefit from accommodations in the learning environment. A Section 504 plan is not meant for every single child who may be identified as having an impairment. Instead, it is meant for those who have an impairment that substantially affects their lives in school and who needs are not being met in the classroom. A Section 504 Plan is not required for a teacher to provide an accommodation, because great teachers provide accommodations for their students through differentiation and individualization every day.

APPEAL PROCESS

A parent may file a written grievance with the Section 504 Coordinator to resolve any complaint regarding the evaluation, identification or implementation of Section 504 services.

CLICK HERE TO SUBMIT A GRIEVANCE TO THE 504 COORDINATOR (Complaint Form)

If a complaint cannot be resolved to the parent's satisfaction by the Section 504 Coordinator, the parent can request an impartial hearing. Requests for an impartial hearing shall be submitted in writing to the Section 504 Coordinator.

CLICK HERE TO REQUEST A DUE PROCESS APPEAL (Due Process Form)

The Office for Civil Rights is the governing agency for Section 504. Parents who cannot find resolution at the district level can contact the Office for Civil Rights.

FREQUENTLY ASKED QUESTIONS REGARDING SECTION 504

For more information regarding Section 504 please click below to download a document of Frequently Asked Questions.

(To view document, click this link)

QUESTIONS

If you have questions regarding Section 504 please contact your school or the CMCSS District Section 504 Coordinator Jami Skevington at (931) 553-1155.