Educational Improvement and Assistance
Section 504 of the Rehabilitation Act
Section 504 Overview
Purpose: To prohibit discrimination on the basis of a disability in any program receiving federal funds
Who is protected: A student is eligible so long as he/she meets the definition of qualified handicapped person, i.e., has or has had a physical or mental impairment which substantially limits a major life activity, or has a record of or is regarded as handicapped by others.
Duty to provide Free and Appropriate Education: Requires the provision of a free appropriate education for students covered, including individually designed programs. "Appropriate" means an education comparable to the education provided to non-handicapped students.
Special Education vs. Regular Education: A student is eligible so long as he/she meets the definition of qualified handicapped person, i.e., has or has had a physical or mental impairment which substantially limits a major life activity or is regarded as handicapped by others. The student is not required to need special education in order to be protected.
Funding: Additional funds are not provided for these services.
Accessibility: Detailed regulations regarding building and program accessibility.
General Notice: Section 504 requires "Child Find" activities. Districts must include notice of discrimination in their policies and procedures for parents and students regarding location, identification, and evaluations of qualified individuals. The district must designate the district's 504 coordinator(s).
Notice of Consent: A notice is required to the parent or guardian with respect to identification, evaluation and placement. Requires notice. A district would be wise to give the notice in writing. Requires notice before a "significant change in placement." Consent not required, but if a handicapping condition under IDEA is suspected, those regulations must be followed.
Evaluations: Requires notice, not consent. Requires periodic re-evaluations. Requires a re-evaluation before a significant change in placement. Does not provide for outside independent evaluations.
Determination of Eligibility: Program and Placement done by a group of persons knowledgeable about the child, the evaluation data, and placement options. Parental participation is not mentioned in the regulations.
Grievance Procedure: Districts with more than 15 employees must designate an employee to be responsible for assuring district compliance with Section 504 and provide a grievance procedure (an informal hearing before a district staff member) for parents and students.
Due Process: To provide impartial hearings for parents or guardians who disagree with the identification, evaluation or placement of students with disabilities. Hearings conducted at the local level by an impartial person not connected with the school district. Person need not be an attorney. Decisions may be appealed to court.
Section 504
Validation and verification forms for testing
Section 504 Resources
The Council of Educators for Students with Disabilities (CESD) provides quality Section 504 and special education (IDEA) training and resources for educators
Section 504 and IDEA
Basic Similarities and Differences
|
