504

Relationship of Section 504 and IDEA

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. However, there are major 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 IEP. That is, a student should not have an Individualized Education Program or “IEP” under the IDEA and also a 504 Plan. Moreover, 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. 

504 Resources

Each CISD campus has a school-level Section 504 Coordinator who is responsible for coordinating identification, evaluation, and placement decisions for students who are eligible under Section 504.  Families may contact the campus Section 504 Coordinator/Counselor for more information on Section 504 Services.

Medical Disabilities and Medical Information

Centers for Disease Control and Prevention: The Centers for Disease Control and Prevention is the leading national public health institute of the United States. It provides informative data about a variety of medical conditions.

American Academy of Pediatrics: An organization of 64,000 pediatricians committed to the optimal physical, mental, and social health and well-being of all infants, children, adolescents, and young adults.

National Alliance on Mental Illness is the nation’s largest grassroots mental health organization dedicated to building better lives for the millions of Americans affected by mental illness. NAMI advocates for access to services, treatment, support, and research and is committed to raising awareness and building a community of hope for those with mental illness. 

National Federation of Families for Children's Mental Health is a national family-run organization linking more than 120 chapters and state organizations focused on the issues of children and youth with emotional, behavioral, or mental health needs and their families. It was conceived in Arlington, Virginia in February of 1989 by a group of 18 people determined to make a difference in the way the system works.

National Institute of Mental Health: The mission of NIMH is to transform the understanding and treatment of mental illnesses through basic and clinical research, paving the way for prevention, recovery, and cure. Detailed information concerning ADHD, as well as many other mental illnesses/disorders, is available on their website. 

Attention-Deficit/Hyperactivity Disorder (ADHD)

ADHD is a neurodevelopmental disorder often diagnosed in childhood that lasts into adulthood. Children with ADHD may have challenges paying attention, controlling impulsive behaviors, or being overly active. To learn more, review the resources below:

• Understood

• Children and Adults with Attention-Deficit/Hyperactivity Disorder

State and Federal Resources

Office of Civil Rights: Legal information and rights. Frequently Asked Questions About Section 504 and the Education of Children with Disabilities.

Parent & Educator Resource Guide to Section 504 in Public Elementary & Secondary Schools: Published by the Office for Civil Rights (OCR), December 2016.

Postsecondary Education for Students with Disabilities, OCR: The information in this pamphlet, provided by the Office for Civil Rights in the U. S. Department of Education, explains the rights and responsibilities of students with disabilities who are preparing to attend postsecondary schools. This pamphlet also explains the obligations of a postsecondary school to provide academic adjustments, including auxiliary aids and services, to ensure the school does not discriminate on the basis of disability.

• U.S. Department of Education, Office for Civil Rights

• U.S. Department of Education, Parent Resources Guide to Section 504 in Public and Secondary School 

Scholarship and Financial Aid for Students with Disabilities Information

Affordable Colleges.com is a list of scholarships available for students with disabilities, learning disabilities, ADD/ADHD, plus other disabilities. Includes financial aid resources compiled from many different websites.

Local Resources

• Notice of Parent and Student Rights Under Section 504 (Procedural Safeguards)

• Board Policy- Equal Educational Opportunity

Texas Education Agency Resources

• Section 504 

• Section 504 Family Fact Sheet

• Technical Assistance Guide: Section 504

• Section 504 Webinar

United States Department of Education Resources

• Section 504 Parent and Educator Resource Guide 

• Section 504 Resources in Languages Other than English

• Section 504 U.S. Department of Education

Other Resources

Accommodation Central

FAQ

Who qualifies as a student with a disability for Section 504?

The term “disability” means, with respect to an individual –

• A physical or mental impairment that substantially limits one or more major life activities of such an individual;

•  A record of having such an impairment; OR

• Being regarded as having an impairment.

What is an impairment as used under Section 504?

An impairment as used in Section 504 may include any disability, long-term illness, or various disorders 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. Section 504 regulations do not specify a list of specific diseases and conditions that constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list. Some of the most common conditions include: dyslexia, ADHD, cancer, diabetes, asthma, severe allergies, auto-immune disorders, epilepsy, learning disabilities, neurological impairments, etc.

What is a Substantial Limitation?

There is no legal definition of “substantial limitation”. That determination should be left to the District and Section 504 committee’s review of appropriate data. The data must enable the Section 504 Committee to answer the following identification questions:

• Is there physical or mental impairment?

•  What major life activity does it affect?

• Does it substantially limit the performance of that major activity (or would it do so if not for “mitigating measures”)?

What is a Major Life Activity?

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, Working.

What is the eligibility determination process?

The Campus or Parent should refer a student for a 504 evaluation if the team suspects a physical or mental impairment that substantially limits a major life activity, but does not require “special education.”

With regard to eligibility determination, the Section 504 regulations state: “In interpreting evaluation data and in making placement decisions, a recipient shall . . . ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options, and ensure that the placement decision is in conformity with 104.34 [regarding LRE].”  34 C.F.R. § 104.35. In Carroll ISD that group of people is known as the Section 504 Committee.

How are accommodations decided?

Individualized accommodations should be determined by the Section 504 Committee. The accommodation plan should provide a road map for students to be educated along with their peers with the services, accommodations, or educational aids they might need to receive equal access to educational programs.

What are the most common accommodations provided under Section 504?

Common Accommodations include:

• Accommodations based on the student’s disability and the 504 Committee’s evaluation to allow equal access to the educational environment.

• Accommodations on STAAR testing based on daily accommodations that are routinely and effectively used in the general education classroom and allowable by TEA.

• Accommodations to the school environment as required by the disability.

• Behavioral accommodations when appropriate.

• Medical/Physical accommodations based on the student’s individual health plan.

• Homebound services for general education students when appropriate.

• Other services as appropriate and allowable determined by the Section 504 Committee.