What is Section 504?
The U.S. Department of Education enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against individuals with disabilities. The Office for Civil Rights (OCR) also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance. The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Act) that affects the meaning of disability in Section 504. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Section 504. The Title II regulations applicable to free appropriate public education issues do not provide greater protection than applicable Section 504 regulations. This guidance focuses primarily on Section 504.
Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education. For more details, please refer to the United States Department of Education Section 504 Frequently Asked Questions document.
Students protected under Section 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities. For more details, please refer to the United States Department of Education Section 504 Frequently Asked Questions document.
Evaluation
At the elementary and secondary school level, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Section 504 requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials. For more details, please refer to the United States Department of Education Section 504 Frequently Asked Questions document.
Placement
Once a student is identified as being eligible for regular or special education and related aids or services, a decision must be made regarding the type of services the student needs. For more details, please refer to the United States Department of Education Section 504 Frequently Asked Questions document.
Procedural Safeguards
Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services. For more details, please refer to the United States Department of Education Section 504 Frequently Asked Questions document.
Source: TEA Website- Section 504
Please note that Section 504, a civil rights law, is different from the Individuals with Disabilities Education Act (“IDEA”), a funding statute. Both the IDEA and Section 504 guarantee students with disabilities access to a free and appropriate public education. There are, however, significant differences between them, specifically in the criteria used to determine eligibility and the definition of a free and appropriate public education. For a student to receive special education services under the IDEA, the student’s educational performance must be adversely affected by the disability and the child must be in need of special education services (i.e. specially designed instruction). Section 504 is not limited to specific disability categories and does not require evidence that the disability adversely affects the student’s educational performance. Students who are found not to be eligible for services under the IDEA may be eligible for accommodations under Section 504.
While students who are eligible under IDEA are also often considered to be students with disabilities protected from discrimination under Section 504, all accommodations for the student’s disability are made through the IDEA process. Students who qualify for special education programs and services with a disability listed in the IDEA have their educational plan written in an Individualized Education Program or IEP. Thus, if a student with a disability is eligible under the IDEA, then the student is adequately accommodated for the purposes of Section 504. For this reason, it is generally not necessary or appropriate to provide an IDEA student with a Section 504 Plan since compliance with the IDEA is compliance with Section 504. If a student is determined not to be eligible under IDEA, the evaluation team should consider whether the student would, nevertheless, qualify under Section 504. The Section 504 plan usually outlines the accommodations and services that will allow a child to access the curriculum. A Section 504 plan is less specific than an IEP.
Notice of any action related to the identification of their child as a student with a disability
Notice regarding any evaluation of their child to determine eligibility under Section 504
Notice regarding the accommodations plan or placement for their child under Section 504
Notice regarding changes in the identification, evaluation, or placement of their child
An opportunity to review records relevant to their child’s identification, evaluation, or placement under Section 504
An impartial hearing to contest a school decision regarding the identification, evaluation, or placement of their child, with an opportunity for participation by the parent with or without representation by counsel
An opportunity for an impartial review of the impartial hearing officer’s decision
BISD encourages parents to raise concerns with the campus-level Section 504 Chairperson and/or the school principal to resolve issues at the campus level. In addition, two processes are available to parents who have concerns that their student has faced discrimination based on disability. First, parents may challenge any school decision relating to the identification, evaluation, or placement of their student under Section 504 by requesting an impartial hearing. Second, parents may file complaints of any other kind of discrimination based on the student’s disability through the BISD Grievance procedures. Complaints may be filed with the Office for Civil Rights alleging a violation of Section 504.
To access information on forms on filing a complaint with the Office of Civil Rights, please access links:
If you have questions or are interested in a 504 plan for your student, contact your student's campus administrator team.
Sara Windham Sheri Ogden Amy Jourden
Executive Director of Special Programs Director of Special Programs 504 & Dyslexia Coordinator
sara.windham@bisd.net sheri.ogden@bisd.net amy.jouden@bisd.net
400 N Wall St. Belton, TX 400 N Wall St. Belton, TX 400 N Wall St. Belton, TX
254-215-2112 254-215-2112 254-215-2112
Belton Independent School District does not discriminate on the basis of disability in admission or access to or treatment or employment in its programs and activities.