What is Section 504?

Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based on disability. It is a federal anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of their non-disabled peers. Section 504 prohibits discrimination against disabled individuals by school districts receiving federal financial assistance. It requires that schools provide access to a “free, appropriate public education” (FAPE) for disabled students.

Section 504 states that: “No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…” [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)]

Rights and Procedural Safe Guards

Texas Education Agency (TEA) Section 504 Guide

To determine eligibility under Section 504 the committee must consider all the following questions: (Parents and students may attend Section 504 meetings, however they are not a required member of the committee. While regulations do not require parents be a part of the decision-making committee, Westlake High School makes every effort to include them.)

1. Does the learner have a physical or mental impairment?

2. Does the physical or mental impairment affect one or more major life activities?

3. Does the physical or mental impairment substantially limit a major life activity? (It is important to specifically identify what the substantial limitations are and how they impact learner performance and progress)

If the answer is yes to all three then the committee will ask:

4. Does the student require Section 504 services in order for his/her educational needs to be met as adequately as those of non-disabled peers? (The purpose of Section 504 is not to maximize student achievement and potential, but to provide access to a "free and appropriate public education")

After the evaluation is completed, and if the student is determined to be eligible, the committee will use the information and data collected to determine what, if any, accommodations are required for the student.

*All requests for Section 504 Evaluation must begin with the SST process and a submission of a Request for Assistance form (found here)

Frequently Asked Questions about Section 504