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Under Section 504 an impairment may include any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning, behavior, or health-related condition. There is no list of eligible disabilities.  However, some examples include ADHD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette’s syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders, and temporary disorders such as broken limbs.

A major life activity is an activity that is of central importance to an average person's daily life in the general population. Major life activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. It also includes the operation of a major bodily function.

Although not defined in the regulations, OCR has interpreted it to mean “unable to perform a major life activity that the average person in the general population can perform; or restricted as to the condition, manner, or duration under which an individual can perform a major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” A letter from the Office of Civil Rights (OCR) states “this is a determination to be made by each local school district and depends on the nature and severity of the person’s disabling condition.”

“An individual with a disability means any person who 1) has a mental or physical impairment which substantially limits one or more major life activities, 2) has a record of such an impairment, or 3) is regarded as having such an impairment” [34 C.F.R. §104.3(J)(1)].

If you believe your child has a disability and is in need of Section 504 services, contact the counselor at your child's school. For other questions about the district's Section 504 program, contact the district Section 504 Coordinator Emily Steele at 817-547-5729.

A Section 504 referral can be initiated by a parent, student, or school personnel. The referral must be made by someone who is knowledgeable about the student and has reason to believe that the student has a disability that is substantially limiting one or more major life activities.

Through a Section 504 evaluation, committees must consider information from a variety of sources, including medical information provided by a physician. However, a doctor’s note alone does not indicate Section 504 eligibility.

No. Low class grades and state test scores may indicate a substantial limitation in the area of learning, but Section 504 covers other major life activities as well. For instance, if a child has a hearing impairment, the Section 504 committee would focus on how the child's hearing is compared to other children of the same age or grade. However, if a learning disability is suspected, the Section 504 committee would focus on how the child's learning is affected. Grades and state test scores are an important reflection of learning but are still not the only factor considered.

According to federal regulations: “… placement decisions are to be made by a group of persons who are knowledgeable about the child, the meaning of the evaluation data and placement options” [§104.35(c)(3)]. In Birdville ISD best practice dictates that parents are encouraged to attend and participate in Section 504 meetings; however, unlike Special Education, federal regulations for Section 504 do not require parents to be a part of the decision-making committee. Parents are encouraged to provide any information that would be helpful to the committee in their determination of services that the child may need.  Committees are expected to make appropriate educational decisions in order that the student receives an appropriate education.

The committee will look at data such as grades over the past several years, teacher reports, information from parents, testing scores, observations, discipline records, attendance records, health records, and adaptive behavior information. Under Section 504 no formalized testing is required and no single source of data will be the only information considered.

The determination of what accommodations are most appropriate is based upon the nature of the impairment and the individual needs of the student. Plans are developed to ensure students have access to their education in such a way that is commensurate to their non-disabled peers.

No, not necessarily. Students with dyslexia that are in need of specially designed instruction may be eligible for Special Education services. All eligibility decisions are made through a committee of knowledgeable persons based on each student's needs.

Under Section 504 students are still expected to follow the district’s student code of conduct. However, when disciplining a student under Section 504, schools must consider the relationship between the disability and the misbehavior if the student is to be removed from the regular setting for longer than 10 days. In this case, a Section 504 committee must determine whether the student's conduct is a manifestation of, or caused by, the identified disability through a manifestation determination review (or MDR). In cases where the student is under the influence of drugs or alcohol at school, the student is not entitled to this manifestation determination review.

Students with disabilities are allowed the same opportunity to participate in Pre-AP and AP classes as their non-disabled peers. In order to receive an accommodation in an advanced class, the student must be eligible to receive the accommodation in a regular class. For example, if the student needs the use of a computer in a regular class setting, the student would also be allowed to use a computer in an advanced class. Conversely, if a student does not need additional time to complete tests in a regular class the student could not receive extended time for tests in the advanced class. One other factor to be considered when determining appropriate accommodations is the unique nature of advanced classes. If the accommodation would change the nature of the Pre-AP or AP class, it would not be allowable in the advanced class.

Not necessarily. Although most colleges and universities must comply with Section 504 and the ADA, there are several differences in eligibility requirements and level of services that a student may receive compared to what they are available in high school. It is important to be aware that at the college level, students are responsible for notifying the school that accommodations need to be considered. In addition, any testing documentation required by the university to substantiate the disability must be provided by the student at student expense. After receiving notification of disability, the college reviews any information provided and determines what accommodations the student will receive. Due to the differences in the process to obtain accommodations and available services among colleges, it is important to investigate each college your child is interested in attending early in the college application process. 

Students must be re-evaluated for Section 504 eligibility at least every 3 years or whenever there is going to be a “significant change in placement”. In Birdville ISD it is best practice for Section 504 committees to convene annually to review your child’s plan to ensure it is appropriate based upon individual needs and current schedule.

Not necessarily. Eligibility must be reestablished at every re-evaluation meeting. In some situations, children are no longer eligible for Section 504 due to a change in their impairment and/or the extent to which the impairment limits a major life activity. Keeping in mind the goal of serving all students in their least restrictive environment, this change in eligibility should be looked at positively.

You have the right to:

• Receive notice regarding the identification, evaluation, and/or placement of your child.
• Examine relevant records pertaining to your child.
• File a complaint with the district 504 Coordinator, who will investigate the allegations regarding Section 504 matters other than your child’s identification, evaluation, and placement.
• Request an impartial hearing with respect to the district’s actions regarding the identification, evaluation, or placement of your child, with an opportunity for you to participate in the hearing, to have representation by an attorney at your own expense, and to have a review procedure.
• File a complaint with the appropriate regional Office for Civil Rights. For additional information, contact:
  • Director, Office for Civil Rights, Region IV
    1999 Bryan Street, Suite 1620
    Dallas, Texas 75201-6810
    (214) 661-9600