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Section 504 Overview
This is
an overview of Section 504. This law can have positive effects on your child
if he/she should need accommodations to succeed in school. For more
information contact me by e-mail at this site, visit your public library, Call
the office of Civil Rights, or your local advocacy office.
REGULATORY
REQUIREMENTS
Purpose
To
prohibit discrimination on the basis of a disability in any program receiving
federal funds
Who
is protected
A
student is eligible so long as he/she meets the definition of qualified
handicapped person; i.e. has or has had a physical or mental impairment which
substantially limits a major life activity, has a record of or is regarded as
handicapped by others.
Duty
to provide Free and appropriate Education
Requires
the provision of a free appropriate education for students covered including
individually designed programs. "Appropriate" means an education
comparable to the education provided to non-handicapped students.
Special
Education VS. Regular Education
A
student is eligible so long as he/she meets the definition of qualified
handicapped person. i.e., has or has had a physical or mental impairment which
substantially limits a major life activity, or is regarded as handicapped by
others. The student is not required to need special education in order to be
protected.
Funding
Additional
funds are not provided for these services
Accessibility
Detailed
regulations regarding building and program accessibility.
General
Notice
504
requires "Child Find" activities. Districts must include notice of
discrimination in its employee, parent, and student handbook, and must
designate the district's 504 coordinator(s).
Notice
of Consent
A notice
is required to the parent or guardian with respect to identification,
evaluation and placement.
Requires notice.
A
district would be wise to give the notice in writing. Requires notice before a
"significant change in placement." Consent not required, but if a
handicapping condition under IDEA is suspected, those regulations must be
followed.
Evaluations
Require
notice, not consent. Requires periodic re-evaluations. Requires a
re-evaluation before a significant change in placement. Does not provide for
outside independent evaluations.
Determination
of Eligibility Program and Placement
Done by
a group of persons knowledgeable about the child, the evaluation data, and
placement options. Parental participation is not mentioned in the regulations.
Grievance
Procedure
Districts
with more than 15 employees must designate an employee to be responsible for
assuring district compliance with Section 504 and provide a grievance
procedure (an informal hearing before a district staff member) for parent,
students, and employees.
Due
Process
To
provide impartial hearings for parents or guardians who disagree with the
identification, evaluation or placement of students with disabilities.
Hearings conducted at the local level by an impartial person not connected
with the school district. Person need not be an attorney. Decisions may be
appealed to court
Enforcement
Enforced
by the Office of Civil Rights (Regional Office -Dallas, TX) by complaint
investigation and monitoring activities
Information
taken from a handout written by Texas Education Agency.
