Section 504 Program and Title II

Program Chart

Purpose

is to “level the playing field” to eliminate impediments to full participation by persons with disabilities.  In legal terms, the statute was intended to prevent intentional or unintentional discrimination against persons with disabilities, persons who are believed to have disabilities, and persons with a record or history of disabilities.  In addition, it provides protection from discrimination for family members of persons with disabilities.

Who is Protected

Covers all persons with a disability from discrimination in educational settings based solely on their disability.

Section 504 defines a person with a disability as:

• Having a physical or mental impairment which limits one or more major life activity;   
• Have a record of such an impairment; or   
• Are regarded as having an impairment.

Services

Require schools to eliminate barriers that would prevent the student from participating fully in the programs and services offered in the general curriculum.

Requirements for Delivering Services

Does not require a written IEP but does require a documented plan. "Appropriate Education" means comparable to the one provided to general education students.

Section 504 requires that reasonable accommodations be made for the child with a disability. Requires the school to provide reasonable accommodations, supports and auxiliary aides to allow the child to participate in the general curriculum.

Funding

Does not provide additional funds.

Additionally, IDEA funds may not be used to serve children found eligible under section 504 only.

Evaluation Procedures

Evaluation draws on information from a variety of sources in the area of concern. A group decision is made with persons knowledgeable about the student, evaluation data, and available educational placement options. Written consent is not necessary before completing an evaluation; however, notice must be provided to parent or guardian.

Requires yearly reevaluations or periodic review.

Independent Evaluation

Does not allow independent evaluations at the district's expense or the ability to request an independent educational evaluation.

Procedural Safeguards

Does not require written notice.

Requires notice before a "significant change" in placement - requires due process rights if referred for formal evaluation under IDEA, and the team determines not to evaluate.

Placement Decisions

Requires district and schools to use information from a variety of sources. Consider all documented information. Use a team approach to make eligibility decisions, with team members being knowledgeable about the child, evaluation data, and the continuum of placements and services available.

The student must receive a free and appropriate education with his/her non-disabled peers.

Meeting is not required for a change of placement. Students are served in general education with accommodations.  Possible accommodations under a Section 504 Plan could be:

• Structured learning environment   
• Repeated or simplified instructions   
• Behavior management or intervention strategies   
• Extended time if needed (clarification in the Section 504 Plan)   
• Accommodations will be used to develop the Section 504 Plan

Due Process

Requires districts to provide a grievance procedure for parents, and students who disagree with identification, evaluation, implementation of IEP or students Least Restricted Environment (LRE) placement. A grievance procedure must be provided to parents and employees to follow and a 504 coordinator identified in the district to assist individuals as needed. Due process hearing not required before Office of Civil Rights (OCR) involvement or court action unless student is also covered by IDEA.

Compensatory damages possible.