Section 504 Frequently Asked Questions

Under Section 504 an impairment may include any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning, behavior or health related condition. There is no list of eligible disabilities however, some examples include: ADHD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette’s syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders, and temporary disorders such as broken limbs.

A major life activity is an activity that is of central importance to the daily life of the average person in the general population. Major life activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. It also includes the operation of a major bodily function.

Although not defined in the regulations, OCR has interpreted it to mean “unable to perform a major life activity that the average person in the general population can perform; or restricted as to the condition, manner, or duration under which an individual can perform a major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” In a letter from the Office of Civil Rights (OCR), they state, “this is a determination to be made by each local school district and depends on the nature and severity of the person’s disabling condition.”

“An individual with a disability means any person who 1) has a mental or physical impairment which substantially limits one or more major life activities, 2) has record of such an impairment, or 3) is regarded as having such an impairment” [34 C.F.R. §104.3(J)(1)].

If you are concerned about your child’s progress, contact your child’s counselor. Be sure to communicate with the school if you're child has a physical or mental impairment.  Anyone, such as parents, teachers or a doctor can refer a child for 504 evaluation however, as stated in an OCR staff memorandum, “the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability.” (OCR Memorandum, April 29, 1993). A child's counselor can submit an RTI referral to start the RTI process with our Academic Interventionists.  You will hear from one of our Academic Interventionists within a week of the request. 

Anyone, such as parents, teachers or a doctor can refer a child for 504 evaluation however, as stated in an OCR staff memorandum, “the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability.” (OCR Memorandum, April 29, 1993).

Section 504 committees must consider information from a variety of sources, including medical information provided by a physician. However, a doctor’s note alone cannot be the basis of eligibility for Section 504. Decisions on eligibility and appropriate accommodations are made by the SST and/or Section 504 committee. Health information will be an important part of the data considered by the committee. Medical impairments, even with identical diagnosis, can vary greatly from student to student, and therefore any information that a physician can provide that is specific to the individual students, other than the diagnosis itself, will be most helpful in decision making. A physician's diagnosis alone does not determine Section 504 eligibility.

The committee will look at data such as academic history, current academic progress, teacher reports, information from parents, testing scores, observations, discipline records, attendance records, health records and adaptive behavior information. Under Section 504 no formalized testing is required and no single source of data will be the only information considered.

If you are thinking your child has a learning disability, remember that the Section 504 committee would compare your child's ability to learn in relation to the average student, not to your child's own potential. In this case, it sounds like your child would not be eligible under Section 504 unless there is a different major life activity being impaired.  This could also be due to time management and organizational skills.  Our Academic Interventionists have many tools and resources to help your child learn the neccessary skills to reach their full potential in the classroom.  

No. Low class grades and state test scores may indicate a substantial limitation in the area of learning, but Section 504 covers other major life activities as well. For instance, if a child has a hearing impairment, the Section 504 committee would focus on how the child's hearing is compared to other children of the same age or grade. However, if a learning disability is suspected, the Section 504 committee would focus on how the child's learning is affected. Grades and state test scores are an important reflection of learning, but are still not the only factor considered.

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 and placement options” [§104.35(c)(3)].  In Eanes ISD best practice dictates that parents receive notice of and are encouraged to attend and participate in Section 504 meetings, however, unlike Special Education, federal regulations for Section 504 do not require parents to be a part of the decision-making committee. Parents are encouraged to provide any information that would be helpful to the committee in their determination of services that the child may need.  Committees are expected to make appropriate educational decisions in order that the student receive an appropriate education.

No, not necessarily. According to The Dyslexia Handbook, Revised 2021, not all students with dyslexia are automatically eligible for Section 504. Students with dyslexia may be eligible for special education, Section 504, or no services at all, depending on the individual needs of the student.

Under Section 504 schools are not required to pay for an outside independent evaluation. If a parent disagrees with the school’s evaluation decision, they may submit a written request to have the decision reviewed by the District 504 Coordinator, request a due process hearing or file a complaint with the Office of Civil Rights. (See the Notice of Rights for Disabled Students and their Parents Under Section 504 of the Rehabilitation Act of 1973).

The determination of what is appropriate for each child is based upon the nature of the disabling condition and the individual needs of the student  in order to meet the educational needs of the student with disability as adequately as it meets the needs of his/her non-disabled peers. Accommodations are tools that are above and beyond normal classroom instruction needed by the student to access their education and are determined by the needs of the individual student. Appropriateness for each student is based on the nature of the disabling condition and what that student needs to have an equal opportunity to access their education when compared to non-disabled, same age peers. Accommodations may be academic, behavioral, environmental, functional, or medical in nature. Accommodations must be specific to the student, not parent or staff, and must be directly related to the qualifying disability. Accommodations should be reasonable and necessary to provide FAPE while not compromising academic rigor and age-appropriate expectations. Accommodations must be appropriate for the student’s current situation and data; as such, the educational committee cannot put accommodations into place based on a prediction of future needs. Reviews are held to ensure that accommodations remain appropriate throughout their education.

Students with disabilities are allowed the same opportunity to participate in Honors and AP classes as their non-disabled peers. In order to receive an accommodation in an advanced class, the student must be eligible to receive the accommodation in a regular class. For example, if the student needs the use of a computer in a regular class setting, the student would also be allowed to use a computer in an advanced class. Conversely, if a student does not need additional time to complete tests in a regular class the student could not receive extended time for tests in the advanced class. One other factor to be considered when determining appropriate accommodations is the unique nature of advanced classes. If the accommodation would change the nature of the Honors or AP class, it would not be allowable in the advanced class. Reduced assignments would be an example of an alteration of content that would not be allowed in an advanced class.

Under Section 504 students are still expected to follow the district’s student code of conduct. However, when disciplining a student under Section 504, schools must consider the relationship between the disability and the misbehavior if the student is to be removed from the regular setting for longer than 10 days. In this case a Section 504 committee must determine whether the student's conduct is a manifestation of, or caused by, the identified disability. If it is a manifestation, the student remains in his or her placement. This meeting is referred to as an MDR. If the conduct is not a manifestation, the student will receive the same discipline that a non-disabled student would receive. In cases where the student is under the influence of drugs or alcohol at school, the student is not entitled to this manifestation determination.

No. You must apply through the organization that provides the testing well in advance of registration deadlines. The school can assist you and your child, but you must initiate the process. You can access the WHS Accommodations website here for more information.  In addition, testing organizations have very strict requirements regarding the diagnosis of the disability. It is not uncommon for the documentation that is required by the school for Section 504 eligibility to be different than the documentation that the testing organization requires. The school district is not required to pay for or provide this testing unless it is necessary in order to provide services in the classroom, therefore you may be required to obtain additional testing at your own expense. For specific information on the process and requirements, visit www.collegeboard.org &/or www.act.org.  

Not necessarily. Although most colleges must comply with Section 504 and the ADA, there are several differences in eligibility and services that a student may receive. It is important to be aware that the bulk of responsibility is on the student at the college level, so self-advocacy is an important skill for your child to learn before he/she leaves high school. Attending his/her Section 504 meetings while in high school is a good way to learn that skill. One difference is in what is called "child find". Public schools are required to locate and identify students who have disabilities. In contrast, at the college level, students with disabilities are required to approach the college to request accommodations. In addition, any testing required to substantiate the disability must be provided by the student at student expense. After receiving notification of disability, the college reviews any information provided and determines what accommodations the student will receive. Accommodations are usually less extensive than those on a high school Section 504 plan. Typical accommodations found at college are the opportunity to register early, maintain a reduced course load or time extensions on tests. It would be rare to receive accommodations such as time extensions on assignments, no penalty for spelling errors or notification of missing assignments.  Due to the differences in the process to obtain accommodations and available services among colleges, it is important to investigate each college your child is interested in attending early in the college application process. 

While there are no specific time lines regarding this issue, students must be re-evaluated at least every 3 years or whenever there is going to be a “significant change in placement” that would require an MDR.  The accommodation plan may be revised during the school year if necessary, but not usually within a calendar year unless the student is in crisis, or there has been a new or updated diagnosis.

Not necessarily. Eligibility must be reestablished at every meeting. In some situations, children no longer are eligible for Section 504 because an injury or illness is no longer active. In other cases, a student will learn to compensate for difficulties due to an impairment and no longer meet eligibility requirements. Keeping in mind our goal of serving all students in their least restrictive environment, this change in eligibility should be looked at positively.

You have the right to:

·         Receive notice regarding the identification, evaluation, and/or placement of your child.

·         Examine relevant records pertaining to your child.

·         File a complaint with the district 504 Coordinator, who will investigate the allegations regarding Section 504 matters other than your child’s identification, evaluation, and placement.

·         Request an impartial hearing with respect to the district’s actions regarding the identification, evaluation, or placement of your child, with an opportunity for you to participate in the hearing, to have representation by an attorney at your own expense, and to have a review procedure.

·         File a complaint with the appropriate regional Office for Civil Rights. For additional information, contact:

Director

Office for Civil Rights, Region IV

1999 Bryan Street, Suite 1620 

Dallas, Texas 75201-6810

(214) 661-9600

Accommodations do not provide an advantage or ensure student success. Section 504 does not guarantee a student will make A’s or B’s, or even that the student will not fail. The ultimate goal of education for all students, with or without disabilities, is to give students the knowledge and compensating skills they will need to be able to function in life after graduation. Accommodations that do a disservice to or limit the ability of a student to access their education will not be provided. Accommodations under Section 504 provide access only; they cannot modify the curriculum, exempt a student from mastering the state TEKS, fundamentally alter the nature of a program or class, or excuse absences. Therefore, accommodations cannot be made to exempt a student from assessments that show mastery, such as STAAR or high school final exams.

No. The purpose of Section 504 is to ensure access to a student’s education, therefore an accommodation allowing a student to be absent would not be appropriate. It can be noted in the Section 504 plan that administration should take the student’s disability into consideration when looking at attendance records. If a student’s disability will keep them out of school for more than 4 consecutive weeks, the Section 504 committee should consider Homebound services.  Section 504 cannot exempt a student from mandatory attendance laws set in place by the state.