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Section 504 of the Rehabilitation Act of 1973
Section 504 is a non-discrimination statute meant to protect the right of access and opportunity for individuals with disabilities. Section 504 includes students with disabilities who qualify for Special Education Services under the Individuals with Disabilities Education Act (IDEA), but it also includes other disabilities like dyslexia, diabetes, and others which do not fall under the IDEA regulations.
Students who are 504-eligible may receive individualized accommodations to meet their needs. The CSST may refer a student to a 504 committee if the team believes the student may be eligible. The 504 Committee conducts an evaluation and develops an individualized accommodation plan to meet the needs of the student. Parents and students are entitled to certain due process rights under the 504 regulations. Please contact your child’s counselor for information about those due process rights.
No otherwise qualified individual with a disability in the United States, as defined in Section 706(8) of this title, shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance...29 U.S.C. §794(a).
Section 504:
- is an anti-discrimination statute
- extends automatically to special education (IDEA) students
- requires the district:
- To identify and notify qualified disabled students of their rights
- To evaluate students to determine eligibility
- To meet the needs of eligible disabled students as adequately as the needs of nondisabled students
- To provide a free appropriate public education (FAPE)
- To provide the parents of each eligible student with the required procedural safeguards
Who Is Eligible?
Students of Fort Bend Independent School District, between the ages of three and twenty-two years of age, who meet the following definition of disability:
- has a physical or mental impairment which substantially limits one or more major life activities
- has a record of such impairment
- is regarded as having such an impairment
Section 504 May Include Conditions Such As:
- Dyslexia
- Attention-Deficit/Hyperactivity Disorder
- Visual Impairments
- Speech Impairments
- Hearing Impairments
- Muscular Dystrophy
- Orthopedic Impairments
- Cerebral Palsy
- Epilepsy
- Multiple Sclerosis
- Asthma
- Emotional Illness
- Learning Disabilities
Substantial Limitation Is Required
- students may have a condition and not require 504 services in order to be successful in the classroom
- the learning of most 504 students is "substantially" affected
- some students may have a disability that does not affect learning, yet they need extra help of some kind from the district (e.g., a broken leg which might require that transportation be provided)
What's The Process?
- contact your campus (each school has a designated 504 campus coordinator)
- parents or a student's school may initiate a referral
- once the District suspects a current disability and a need for services, the District moves to evaluate
- "evaluation" does not necessarily mean testing-in the 504 context, it refers to a gathering of information from a variety of sources including aptitude and achievement tests, teacher reports, adaptive behavior, discipline referrals, health information, parent information, and student's grades
- parents receive notice of the referral and evaluation, along with a copy of the notice of parent and student rights
- once the information has been gathered by the 504 committee, it will determine eligibility
- if a student is eligible, the committee will create an accommodation plan for the child which describes the student's placement
Placement
In the context of 504, "placement" usually refers to the regular education classroom with individually planned accommodations.
Examples of accommodations:
- oral testing
- modified testingtaping of class lectures
- note taking assistance
- shortened assignments
- modified assignments
- handicap accessibility
- reduce pencil/paper tasks
- preferential seating
- behavior management system
- supplemental materials
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