Section 504

At the elementary and secondary school level, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Section 504 requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials. For more details, please refer to the United States Department of Education Section 504 Frequently Asked Questions document.

Once a student is identified as being eligible for regular or special education and related aids or services, a decision must be made regarding the type of services the student needs. For more details, please refer to the United States Department of Education Section 504 Frequently Asked Questions document.

Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services. For more details, please refer to the United States Department of Education Section 504 Frequently Asked Questions document.

Elementary

• Brook Village: Kimberly Pinkstaff
• Burgess: Dr. Kerris Shellingford 
• Crockett: Jennifer Shean
• Cunningham: Jared Jacobs
• Fain: Molly Stone
• Fowler: Chavaz Jackson
• Franklin:  Rebecca Alfert
• Jefferson: Nanette Mills
• Milam: Molly Lemon
• Scotland Park: Kelli Heathington
• Sheppard:  Cindy Waddell
• Southern Hills:  Lindsay Rogers
• Booker T. Washington: Sandy Leger
• West Foundation: Laura Carr
• Zundy: Cason Bennett
• Haynes Headstart: Paula Tinker

Middle School 

• Barwise: Brenda Deleon, Jeff Spurgers
• Hirschi: 3rd Future
• McNiel: Dr. Jackie McCartney

High School 

• Legacy: Tami Davis
• Memorial:  Sarah Lucas, Wendy Presson

Alternative Learning Centers

• JJAEP: Greg Darden
• Denver: Alston Calliste

Anyone can refer a learner for evaluation under Section 504. However, while anyone can make a referral, such as parents or a doctor, OCR has stated in a staff memorandum that “the school district must also have reason to believe that the learner is in need of services under Section 504 due to a disability” (OCR Memorandum, April 29, 1993). Therefore, a school district does not have to refer or evaluate a learner under Section 504 solely upon parental request. The key to a referral is whether the school district staff suspects that the learner is suffering from a mental or physical impairment* that substantially limits* a major life activity* and is in need of either regular education with supplementary services or special education and related services [letter to Mentink, 19 IDELR 1127 (OCR) 1993]. If a parent requests a referral for evaluation, and the school district refuses, the school district must provide the parent with notice of their procedural rights under Section 504. 

Under Section 504, no formalized testing is required. Schools must consider a variety of sources. A single source of information (such as a doctor’s report/diagnosis) will not be the only information considered. Schools must be able to assure that all information submitted is documented and considered. The 504 Committee should look at grades over the past several years, teacher’s reports, information from parents or other agencies, state assessment scores or other school-administered tests, observations, discipline reports, attendance records, and health records. 

According to the 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, placement options, least restrictive environment requirements...” [34 C.F.R. §104.35(c)(3)].  In WFISD, this group of knowledgeable persons is referred to as the Section 504 Committee.

Unlike Special Education, the federal regulations for Section 504 do not require or even mention that parents are to be a part of the decision-making committee. The decision to include parents in the decision-making committee is a determination that is made by each school district. WFISD parents are encouraged to contribute any information that they may have (e.g., doctor’s reports, private evaluations, etc.) that would be helpful to the Section 504 committee in making their determination of what the learner may need. 

No. Parents must always be given notice before their learner is evaluated and/or placed under Section 504 (34 C.F.R. §104.36). Parents must also be given a copy of their learner’s Section 504 student services plan if the committee determines that the learner is eligible under Section 504.

While there are no specific regulations regarding this issue, federal regulation requires that learners must be re-evaluated at least every three years or whenever there is going to be a significant change in placement. The campus 504 committee should review each learner’s plan annually to make sure his or her student services plan is appropriate based on their individual needs. 

A Section 504 evaluation is the collecting, gathering, and interpreting of data from a variety of sources about the student's educational functioning.

The 504 committee consists of a group of knowledgeable people who have knowledge of the child, the meaning of the evaluation data, and the placement options.  

An impairment as used in Section 504 may include any disability, long-term illness, or various disorder that “substantially limits' a student’s ability to access learning in the educational setting.

"Substantially limits" is not defined in the federal regulations. However, the Office for 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.”   In determining substantial limitations, the Section 504 committee will consider what is required to provide equal access to public school programs.

When determining if a person has a disability, a school cannot consider the ameliorative effects of mitigating measures when determining how the impairment impacts the major life activities under consideration.  The use of ordinary eyeglasses or contacts is the one exception to the mitigating measure rule.

If an impairment only occurs periodically or is in remission, it is a disability if, when in an active phase, it would substantially limit a major life activity.

Each learner’s needs are determined individually. Consideration of what is appropriate for each learner is based on the nature of the disabling condition and what that learner needs in order to have an equal opportunity to perform when compared to the non-disabled. 

Equal access gives equal opportunity to a qualified person with a disability to participate in or benefit from educational aid, benefits, or services.

This term is used in the elementary and secondary school context for purposes of Section 504.  It refers to the provision of regular or special education and related aids and services designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities.  FAPE is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards.

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulatory provision  at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as 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; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504.  In the Amendments Act Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating.  Congress also provided a non-exhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. 

Yes, as long as the student remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Section 504.

No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.

No. A physician's medical diagnosis may be considered among other sources in evaluating a student with an impairment which substantially limits a major life activity. Along with the medical diagnosis, the Section 504 regulations require school districts to draw upon a variety of sources in interpreting evaluation data and making placement decisions.

No. A medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity. For example, a student who has a physical or mental impairment would not be considered a student in need of services under Section 504 if the impairment does not in any way limit the student's ability to learn or other major life activity, or only results in some minor limitation in that regard.

The results of an outside independent evaluation may be one of many sources to consider. Multi-disciplinary committees must draw from a variety of sources in the evaluation process so that the possibility of error is minimized. All significant factors related to the subject student's learning process must be considered. These sources and factors include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior, among others. Information from all sources must be documented and considered by knowledgeable committee members. The weight of the information is determined by the committee given the student's individual circumstances.

A disability referenced in the IDEA does not automatically trigger a 504 evaluation.  The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom.

A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time. The issue of whether a temporary impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual.

Yes, under certain circumstances.  In the Amendments Act (see FAQ 1), Congress clarified that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.  A student with such an impairment is entitled to a free appropriate public education under Section 504.