Section 504

Section 504 protects the rights of students with disabilities by preventing discrimination and providing a Free and Appropriate Public Education (FAPE). Section 504 is a federal civil rights law that focuses on the non-discrimination of students with disabilities. The law says that a public school, or any other federally funded public facility, cannot discriminate against a student because of a disability and students must be given the same opportunities to participate in academic and extracurricular activities.

Students with a 504 Plan must receive the accommodations to ensure they are receiving a Free Appropriate Public Education (FAPE) comparable to the education received by nondisabled peers. Students receiving services under Section 504 are placed in a general education setting unless the education of the child cannot be satisfactorily achieved using supplementary aids and services.

Section 504 of the Rehabilitation Act of 1973

Americans with Disabilities Act (ADA)

Americans with Disabilities Act Amendments Act (ADAAA)

Eligibility

Is My Child Eligible?
Do You Know a Child Who Might Need Services?

Is My Child Eligible?

To determine eligibility under Section 504, the committee of knowledgeable persons must consider all the following questions:

Does the learner have a physical or mental impairment?
Does the physical or mental impairment affect one or more major life activities including major bodily functions?
Does the physical or mental impairment substantially limit a major life activity? It is important to specifically identify what the substantial limitations are and how they impact learner performance and progress.
Does the learner require Section 504 services in order for his/her educational needs to be met as adequately as those of non-disabled peers.

Physical or mental impairment includes:

any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine.
any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Major life activities impacted include:

caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking and communicating.

Major body functions are also considered major life activities, these include:

the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

All individuals with disabilities who meet eligibility criteria after undergoing evaluation are protected under Section 504. The evaluation is not a formal test or assessment. The evaluation is a review of multiple sources of data conducted by a Section 504 Committee.

Do You Know a Child Who Might Need Services?

What to Expect From the Section 504 Process
Annual Review and Re-Evaluation of Section 504 Plan

What to Expect From the Section 504 Process

Request - Contact your child's Campus Section 504 Advisor to request a Section 504 evaluation.
Sign - Sign consent to begin the evaluation process to determine your child's eligibility for Section 504 services.
Provide - Provide medical information, if you have it, and any observations about your child that may help to determine their eligibility.
Participation - Participate in the Section 504 initial meeting to discuss your child's eligibility and, if appropriate, develop a Section 504 plan.
Receive - Receive a copy of your child's Section 504 Plan, your parental rights, and information on your child's progress with their new accommodations.
Review - Review your child's plan through an annual Section 504 meeting to consider continued eligibility or to make changes as needed.

Annual Review and Re-Evaluation of Section 504 Plan

The Federal expectation is to re-evaluate (a Section 504 meeting) the student’s Section 504 plan once every three years. In Crowley ISD, we believe there is great value reviewing the students’ Section 504 plan annually as well and have made that our practice. Anyone can call a Section 504 meeting at any point during the school year. If a parent, teacher, counselor, or other CISD staff member believes the 504 Plan for a particular student needs to be revisited, then that person should contact the Section 504 coordinator for that particular campus and request a Section 504 meeting be held. The person requesting the meeting will need to establish the purpose of the meeting when making the request.

Resources

Parental Rights and Safeguards

No qualified student with a disability shall, on the basis of the disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any district service, program or activity. 42 U.S.C. 12132; 29 U.S.C. 794; 34CFR 104.4(a)

The enabling regulations for Section 504 as set out in 34 Code of Federal Regulations (CFR) Part 104 provide parents and / or students with the following rights:

You have a right to be informed by the school district of your rights under Section 504. (The purpose of this Notice is to advise you of those rights.) 34 CFR 104.32
Your child has the right to an appropriate education designed to meet his / her individual educational needs as adequately as the needs of non-disabled students are met. 34 CFR 104.33
Your child has the right to free educational services except for those fees that are imposed on non-disabled students or their parents. Insurers and similar third parties are not relieved from an otherwise valid obligation to provide or pay for services provided to a disabled student. 34 CFR 104.33
Your child has a right to placement in the least restrictive environment. 34 CFR 104.34
Your child has a right to facilities, services, and activities that are comparable to those provided for non-disabled students. 34 CFR 104.34
Your child has a right to an evaluation prior to an initial Section 504 accommodation plan and any subsequent significant change in plan. 34 CFR 104.35
Testing and other evaluation procedures must conform with the requirements of 34 CFR 104.35 as to validation, administration, areas of evaluation, etc. The district shall consider information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, adaptive behavior, physical or medical reports, student grades, progress reports, parent observations, anecdotal reports, and State Assessment scores. 34 CFR 104.35
Decisions must be made by a group of persons (i.e., the Section 504 Committee), including persons knowledgeable about; your child, the meaning of the evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities. 34 CFR 104.35
If eligible under Section 504, your child has a right to periodic reevaluation, generally every three years. 34 CFR 104.35
You have the right to notice prior to any action by the district in regard to the identification, evaluation, or accommodation plan of your child. 34 CFR 104.36
You have the right to examine relevant records. 34 CFR 104.36

Child Find Notice

Pursuant to Section 504 of the Rehabilitation Act of 1973, the District has a duty to identify, refer, evaluate and if eligible, provide a free, appropriate public education to disabled students. The District designates and authorizes the following person as the ADA/Section 504 coordinator to be responsible for coordinating the District’s efforts to comply with Title II of the Americans with Disabilities Act of 1990, as amended, which incorporates and expands upon the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, for employees:

Name: CoSheda Hurd-Woodard
Position: Executive Director of MTSS, Dyslexia and Section 504.
Address: 1900 Crowley Pride Drive Fort Worth, TX 76036
Email: cosheda.hurd@crowley.k12.tx.us

Glossary

Accommodation
- An accommodation is a change to how or where a child is taught—or the materials used for teaching. Simple changes can help kids work around their learning challenges. For example, a teacher may allow a child who writes slowly to answer test questions orally.
Americans with Disabilities ACT (ADA)
- This federal civil rights law prohibits discrimination against individuals with disabilities. It covers schools, many workplaces, and anyone who offers goods or services to the public. The definition of disability in ADA applies to 504 plans.
Disability
- To get a 504 plan, a child must have a disability. This is a physical or mental impairment that substantially limits a person’s ability to participate in a major life activity.
Equal access
- Equal opportunity of a qualified person with a disability to participate in or benefit from educational aid, benefits, or services.
Free appropriate public education (FAPE)
- For purposes of Section 504, refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards.
General education curriculum
- This is the knowledge and skills that all public-school students are expected to master. It may be different from state to state. The goal of a 504 plan is to make sure a student with a disability has access to, or can take part in, the general curriculum.
Least Restrictive Environment (LRE)
- Least Restrictive Environment (LRE): As much as possible, students with disabilities must learn in the same setting as other students. This is known as the least restrictive environment, and the law requires it.
Modification
- A modification is a change in what a student is expected to learn. For example, instead of reading a book at grade level, a child might read a book written for two grade levels lower. In general, a child who needs modifications would have an IEP, not a 504 plan.
Placement
- Refers to regular and/or special educational program/setting in which a student receives educational and/or related services.
Related services
- Refers to developmental, corrective, and other supportive services, including psychological, counseling and medical diagnostic services and transportation.
Supplementary aids and services
- These supports help kids learn in the general education classroom. One example is assistive technology, like audiobooks or keyboards.

Board Policy

State and Federal Resources

Frequently Asked Questions

Who is the Section 504 Committee?

The group of people involved in making decisions must include individuals knowledgeable about the student, the evaluation information, and placement/service options. The law does not state a parent must be present for any Section 504 meeting, except for the initial meeting. However, in Crowley ISD, we firmly believe in the power of collaboration and parental involvement and invite parents/guardians to be a member of our Section 504 committees.

How Do I Know Who My Section 504 Contacts Are on My Campus?

If I Need Help from Someone at the District Level, Who Do I Contact?

Retention of Records

The District must provide the parent of a student with a disability the opportunity to examine all records relating to the student as described in the Section 504 Parent Rights, unless the District has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as guardianship, divorce, separation, or custody that specifically revoked these rights.

In addition, the District shall comply with the parent’s or adult student’s rights under the Family Educational Rights and Privacy Act (FERPA), including the parent’s right to inspect and review the student’s education records maintained by the school, the right to request that a school correct records that are inaccurate or misleading, and rights related to the disclosure of records.

Local Schedule SD requires the district to retain the records of each student referred to or receiving services under Section 504 for at least five (5) years following the cessation of Section 504 services.

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Crowley Independent School District

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