1. Public Schools and Student Issues
Section 504
Public Schools and Student Issues

2. What is Section 504?
Fundamentally, Section 504 is a civil rights law passed by Congress in 1973 to protect persons with disabilities from discrimination based on disability.
In the late 70’s, provisions were included to address protections for students with disabilities in public schools. Regulations included requirements for child-find, evaluation, procedural safeguards, and development of an individualized plan (when needed).
CRA 1964 – race, color, creed, language
1973 – added disabilities
2008 – reauthorized ADA and broadened definitions and major life activities; went into effect on Jan. 1, 2009

3. American with Disabilities Education Act
Telecommunications
Public Transportation
Section 504
Employees
Parents
IDEA
Spec. Educ.
Child Focus
Other Individuals
Students
School Focus
Business
Public Buildings
Extra Curricular
Community Focus

4. Eligibility under Section 504
Bottom line of Section 504 Eligibility…
Is there a physical or mental impairment?
Does the physical or mental impairment substantially limit a major life activity?

5. Who is considered handicapped under §504?
The student must meet one or more of the following definitions…
1. Has a physical or mental impairment which limits one or more major life activities.
2. Has a record or history of such an impairment
3. Is regarded as having such an impairment
1st prong – eligible for accommodations
Only duty for 2nd and 3rd prongs is non-discrimination
504 uses the term “handicapped” but current preference is “person with a disability”
“regarded as” prong – not entitled to accommodations, but can’t discriminate (i.e HIV positive)

6. Major Life Activities include, but are not limited to:
Eating, sleeping, walking, speaking, bending, concentrating, thinking, learning, reading, communicating, caring for oneself, endocrine function, circulatory function

7. Section 504: Two-pronged Eligibility
Two main factors:
Does student have current physical or mental impairment?
Does impairment substantially limit major life activity?

8. What is a “major life activity”?
Long standing examples of major life activities (not an exhaustive list)
Walking
Seeing
Hearing
Breathing
Learning
Working
Caring for oneself
The activity need not be related to learning to come under §504

9. Major Life Activities include, but are not limited to:
Eating
Sleeping
Standing
Lifting
Bending
Reading
Concentrating
Thinking
Communicating
Walking
Respiratory funtion

10. Section 504: Physical or Mental Impairments
Broader than special education (IDEA)
Examples of potential 504 disabilities
Dyslexia
ADHD/ADD
Communicable diseases
Chronic illnesses (cancer, diabetes, asthma)

11. Section 504: Substantial Limitation
Not defined in 504 regulations
OCR guidance:
Unable to perform a major life activity compared to the average student in the general population

12. WISD Section 504 Process… Student is suspected of having a disability
Referral for a Section 504 evaluation is made
Evaluation Process
Committee of knowledgeable people determine if the student is eligible for Section 504
Plan is created by committee
Annual meetings are conducted
Re-evaluation is completed every three years

13. Section 504 Committee Members
By regulation, the Section 504 Committee is a group of knowledgeable people.
Knowledge of the child
Knowledge of the evaluation data
Knowledge of placement options
Committee determines eligibility and creates the plan for student

14. Section 504 Student Service Plan
This is the “plan” for the student
It is an “individualized” plan
Services provided and accommodations

15. Section 504: Plan/Accommodations
Equal opportunity to participate
Level the playing field – not provide above and beyond
“Reasonable accommodations”
Address accommodations, not modifications

16. Classroom accommodations and state assessment accommodations
Must needed and routinely used
Must be used in the classroom routinely to be used on state assessments
Determined by the 504 committee which are appropriate and warranted
Classroom accommodations and state assessment accommodations