, Director, x5206
is the policy of the Monroe City School System to provide a free
appropriate public education to all handicapped students within its
jurisdiction, regardless of the nature or severity of the handicap.
who are handicapped consistent with documented data fulfilling the
definitions set forth in Section 504 of the Rehabilitation Act of 1973
will be identified, evaluated, and provided with appropriate educational
accommodations or services.
Due process rights of the handicapped students and their parents under Section 504 will be enforced.
504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act (ADA) are major federal legislative acts that are
designed to protect the civil right of individuals with disabilities.
Both of these two federal laws prohibit any form of discrimination for
persons with disabilities. Section 504 applies to all entities that
receive federal funds, while the ADA applies to virtually every entity
except churches and private clubs. Included in the U.S. Department of
Education regulations for Section 504 is the requirement that disabled
students be provided with a free appropriate public education (FAPE).
These regulations require identification, evaluation, provision of
appropriate services, and procedural safeguards in every public school
in the United States.
School districts have an obligation to
avoid discrimination in policies and practices regarding their personnel
and students under Section 504. NO discrimination of any person with a
handicap will knowingly be permitted in any of the programs and
practices of the district. School districts have specific
responsibilities under the ACT, which include the identification,
evaluation, and if the child is determined eligible under Section 504,
to afford access to appropriate educational services.
A Handicapped person is defined under Section 504 (29 U.S.C. Sec. 706(8)) as any person
- who has a physical or mental impairment that substantially limits a major life activity,
- who has a record of such an impairment, or
- who is regarded as having such an impairment.
phrase “physical or mental impairment” has been defined to include
physiological conditions that affect body systems as well as mental or
psychological disorders. Some examples include epilepsy, muscular
dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental
retardation, emotional illness, specific learning disabilities, drug
addiction, HIV disease (symptomatic or asymptomatic), tuberculosis,
alcoholism and orthopedic, visual, speech and hearing impairments.
Simple physical characteristics such as left-handedness, skin color, or
age, or uncomplicated pregnancy do not constitute physical impairments
and therefore cannot be considered disabilities under 504. Similarly,
disadvantages attributable to environment, cultural, or economic factors
are not the type of impairments covered by 504. The definition also
does not include common personality traits such as poor judgment or a
quick temper, where these are not symptoms of a mental or psychological
The parent or guardian must be provided with notice of
actions affecting the identification, evaluation, or placement of the
student and are entitled to an impartial hearing if there is a
disagreement with the district decisions in these areas. Handicaps
covered by Section 504 and not IDEA must provide a Section 504 hearing
if requested. The Parent/guardian does not necessarily have to sign the
Individual Accommodation Plan (IAP), but it is best to document at least
two different attempts to meet with the parent to discuss modifications
in the regular classroom.
Section 504 is NOT an aspect of special education.
school has a school 504 coordinator that is trained by the district 504
coordinator. Every school is provided professional development about
504 during the first six weeks of school.