What is Section 504?

Section 504 is a federal civil rights law that is designed to eliminate disability discrimination in programs and activities that receive federal funds. Since all public-school districts receive federal funds, all public-school districts must comply with Section 504. Under Section 504, denying a disabled student a free appropriate public education is disability discrimination.

A school-aged student is a disabled student under Section 504 if the student:

• Has a physical or mental impairment

• Physical or mental impairment means any physical or mental disorder or condition. The definition of physical or mental impairment under Section 504 is broad, includes students with life threatening health conditions (conditions that will put a student in danger of death during the school day if a medication or treatment order and a nursing plan are not in place), and is not limited to any specific diseases or categories of medical conditions.

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. A physical or mental impairment may be any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genio-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The list of specific diseases and conditions that may constitute a physical or mental impairment is not exhaustive.

That substantially limits:

There is no single formula or scale that measures substantial limitation. A physical or mental impairment substantially limits a major life activity for a student if the impairment substantially limits the student's ability to perform a major life activity as compared to the student's non-disabled age/grade peers. An impairment need not prevent, or significantly or severely restrict, a student in performing a major life activity to be considered substantially limiting. If, however, the impairment is minor, it does not qualify under Section 504. Mere diagnosis of an impairment is not enough; the impairment must be substantially limiting.

As a general rule, a student with a physical or mental impairment who is able to participate in or benefit from district education program, without the provision of special education or related aids or services, is not a disabled student under Section 504 for purposes of FAPE.

One or more major life activity:

Major life activities include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Major life activities also include other general activities such as eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. In addition, major life activities include major bodily functions such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The above list of major life activities is not exhaustive; a major life activity or function not specifically listed above may be a major life activity. For example, the ability to meet the standards of personal independence and social responsibility expected of one’s age and cultural group is a major life activity for a school-aged student. In addition, the ability to participate in and benefit from school is a major life activity for a school-aged student.

Disregard mitigating measures used by a student:

Mitigating measures used by a disabled student to manage his or her impairment or lessen the impact of his or her impairment (e.g. medication, medical devices, related aids and services, etc.) should be disregarded when determining whether a student's impairment constitutes a disability under Section 504 or the ADA.

Who Can Refer a Student for a Section 504 Evaluation? If you are wanting to refer your student to determine eligibility for a 504, please contact Katherine Sterling.

Any person can refer a student for evaluation under Section 504. Parents, guardians, and school staff should refer a student for evaluation if they suspect that, due to a disability, the student needs special education or related aids or services to participate in or benefit from a district's education program.

What is a Section 504 Plan?

A Section 504 plan, preferably in writing, that describes the educational and related aids and services that a district determines a disabled student needs. The content of a Section 504 Plan is fluid and may change within a school year or between school years as a student's needs and services change. A district must provide the services identified in a student's Section 504 plan.

For a student whose only disability is a life-threatening health condition, an individual health plan or an emergency or nursing care plan may serve as the student's Section 504 plan. The process that a district follows to develop an individual health plan or an emergency or nursing care plan to meet the needs of a disabled student must be based on evaluation and placement procedures that satisfy the requirements of Section 504 and must provide procedural due process to the student's parent or guardian.

What Is a Section 504 Team?

A Section 504 team makes decisions regarding the evaluation and placement of students under Section 504. The team determines the scope of Section 504 evaluations, decides which students are disabled under Section 504, develops Section 504 Plans, and makes "manifestation determinations" for purposes of disciplinary exclusion from school. A district may have a district-level Section 504 team, a building-level Section 504 team, or a combination of both district-level and building-level Section 504 teams.

Who Should Be on a Section 504 Team?

The membership of a Section 504 team will vary depending upon the needs of each student. The composition of a Section 504 team is fluid and may change within a school year or between school years as a student's needs and services change. A Section 504 team must consist of at least two people and must include persons knowledgeable about the student, the meaning of the student's current evaluation data, and placement options. Parents, and the child if age appropriate, should be included on the team after district determination of 504 eligibility. Parent/student input is necessary and important as accommodations and district/school, student and parent responsibilities/expectations are outlined in the plan.

Source: https://educateiowa.gov/sites/files/ed/documents/Section%20504%20Parent%20Guide.pdf

If you have more questions or would like to look at getting a 504 for your student, please contact Katherine Sterling.