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Section 504
Sallie Sutherland, Coordinator, x5206
Policy
It 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.
Students 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.
Overview
Section 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.
If the parent or LEGAL guardian disagrees with the determination made by the professional staff of a school district, he/she has a right to a hearing with an impartial hearing officer.
The Family Educational Rights and Privacy Act (FERPA) also specifies rights related to educational records. This Act gives the parent/guardian the right to: 1) inspect and review his/her child’s educational records; 2) make copies of these records; 3) receive a list of all individuals having access to those records; 4) ask for an explanation of any item in the records; 5) ask for an amendment to any report on the grounds that it is inaccurate, misleading, or violates the child’s rights; and 6) a hearing on the issue if the school refuses to make the amendment.
Disability Definitions
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.
Section 504 uses a three-pronged definition of disability. The first prong of the definition, physical or mental impairment that substantially limits a major life function, determines whether an individual qualifies for evaluation and/or services. The second prong of the definition protects a student with a record of a past disability who does not have a current disability, or a student who is falsely believed to have a current disability but does not actually have a substantially limiting mental or physical impairment. Consequently, such a student has no need for a different educational treatment because of a disability. The third prong of the definition is meant to cover situations where individuals never had or do not currently have disabilities but are treated by others as if they did. A student who falls under the second or third prong of the definition, and who does not also fall under the first prong of the definition, is not entitled to either special education and/or related services or to regular education with supplementary services.
The 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 disorder.
The type of handicap believed present and the type of services the student would best benefit from determine the evaluation and placement process required. The evaluation must be sufficient to accurately and completely assess the nature and the extent of the handicap and the recommended services. Evaluation more limited than a full special education evaluation may be adequate in some circumstances. Students with disabilities that continue interfering with their educational program may need an IDEA evaluation. The services needed are determined by a group of people knowledgeable about the student. The group should review the nature of the handicap, how it affects the student’s education, whether specialized services are needed, and if so, what those services are. The decisions about Section 504 eligibility and services must be documented in the student’s file and reviewed every three years.
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. The student’s placement is not changed. The responsibility for 504 modifications is included in the general public education system. The building administrators and superintendents of schools are responsible for the implementation within districts. The lack of compliance to Section 504 can lead to the loss of Federal funds to the school district. Students with an IDEA evaluation that refuse those services DO NOT qualify for 504. The school system should due process the child to best meet their needs.
Speech and Language students identified through IDEA should receive modifications based on the IEP developed by the IEP team. This plan could/should include modifications for testing.
Frequently, school systems must decide whether a student with a temporary impairment is afforded the protections of 504. The definition of disability does not exclude temporary impairments. The temporary impairments must be evaluated on a case-by-case basis to determine if the impairment substantially limits a major life activity. Monroe City has developed a 504 Injury Academic Plan that ensures modifications are made until there is a release from a doctor.
Each 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.
This policy was approved and adopted by the Monroe City School Board on September 16, 2003.
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