What is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a civil rights law prohibiting discrimination based on disability in public and private programs receiving federal financial assistance. As a public school district that receives federal funds, Section 504 applies within Douglas County School District (DCSD). It ensures that all students are afforded the same opportunities to access both academic and non-academic components of the school environment regardless of their disability. In other words Section 504 is meant to ensure that all students, regardless of disability, have equitable access to the life of the school!
Children eligible under Section 504 include those children who have a physical or mental impairment that substantially limits a major life activity and/or major bodily function.
When does a student qualify as having a disability under Section 504?
Legislation defines a person with a disability as anyone who: Has a physical or mental impairment, which substantially limits one or more major life activities or major bodily functions.
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Major life activities include, but are not limited to: bending, breathing, caring for one’s self, communicating, eating, executive functions, hearing, learning, concentrating, reading, performing manual tasks, speaking, sleeping, seeing, standing, thinking, walking, and working.
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Major bodily functions include but not limited to: functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions, performing manual tasks, speaking, sleeping, seeing, standing, thinking, walking, and working.
When does a student qualify for a Section 504 Plan?
- This is a 504 team decision, based on information gathered by the team about the student. The "team" for each individual student should be a group of persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options; this often includes parent(s), principal, at least one teacher, the assigned Section 504 case manager, and another member from our SSS Department (e.g. School Counselor, MTSS Interventionist).
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- There is no "automatic qualification" for Section 504. The team must look at the unique needs of the student. For example, not all students with ADHD will qualify nor will they require an identical 504 Plan if they do.
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- Section 504 does not require formalized testing; however, a variety of sources must be
considered. A single source of information, such as a doctor’s report or clinical evaluation cannot be the only information that is considered. It is the school’s obligation to document and consider all information submitted for review when determining eligibility.
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- Examples of evaluative information to be considered in the "body of evidence" as it relates to Section 504 may include (but are not limited to) current and historical grade reports, teacher/parent/student input, observations, information from parents or other agencies, etc.
- If it is determined that the student with a disability requires adjustments, accommodations, modifications or other related aids and services in order to benefit from and/or access any aspect of the school’s educational environment, then a student is eligible for a 504 Plan.
- If the student does not require adjustments, accommodations, modifications, or related aids and services, they are considered “technically eligible” and a 504 Plan is not needed at this time.