Section 504 and ADA
Team Leader for Section 504:  Amy Cmaidalka (281-229-6241).
 
 
What is Section § 504?
Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability.

The Rehabilitation Act of 1973 is a non-discrimination statute enacted by the United States Congress.  The purpose of the Act is to prohibit discrimination and it applies to all programs and entities that receive federal funding. However, school districts do not receive federal money specifically for this Act. This Act was amended in 1990 to substitute “individual with disabilities” for “handicapped.” Thus, Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met. Specifically, § 504 of this act applies to students in public schools to ensure that students with disabilities have educational opportunities and benefits equal to students without disabilities

Section 504 states that: "No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...." [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)].

Section 504 Notice of Rights and Procedural Safeguards
Section 504 Notice of Rights and Procedural Safeguards - Spanish
Section 504 Presentation

Who is eligible for Section 504?
An eligible student under § 504 is a student who:
• Has a physical or mental impairment which substantially limits one or more of major life activities,
• Has a record of such and impairment, or
• Is regarded as having such an impairment

 


 

In DISD, the campus Student Intervention Team (SIT) meets to determine initial eligibility for Section 504 via the 504 evaluation process.  Please complete this form if you have any concerns about your child's educational or emotional progress or if your child has a health condition. Please fill this form out as completely as possible. You will be contacted by someone from your child's school after you submit this form.


 

What criteria are used to determine § 504 eligibility?
Like other students, those students with a 504 eligible disability are entitled to a free appropriate public education. An appropriate education for a Section 504 disabled student may require the provision of specific accommodations and related services in order to meet the needs of the student. Section 504 focuses on assuring access to educational services and the learning process that is equal to that given students who do not have disabilities.
For a student to qualify for Section 504 protection the student must meet three criteria. The three criteria are
(1) A mental or physical impairment (or has a record of an impairment or is regarded as having an impairment),
(2) which substantially limits,
(3) one or more major life activities.
It is important to understand that all three criteria must apply to a student before that student is eligible for Section 504 protection.  In addition, this disability must be why the student cannot equally access or receive benefit from the school’s programs and services.
Click here for additional detail on each of the three criteria.

Best Practice Implementation Model
In addition to all applicable board policies and procedures, it is the intention of DISD to adhere to the following implementation of best practice procedures:

Annual Meetings:
Each Campus §504 Coordinator shall:
• Conduct annual review meetings of students identified as being eligible for §504 in eStar 504 application
• Maintain a list of §504 students (using the §504 log)

Current Evaluations:
Each Campus §504 Coordinator shall:
• Ensure that the student’s 504 evaluation is current (within 3 years) and includes all relevant data (if 504 eval is from another school district, conduct review and transfer information to the DISD evaluation form in eStar)

Accommodations:
Each Campus 504 Coordinator shall:
• Distribute copies of the student’s 504 Accommodations plan to teachers, and;
• Obtain teacher receipt of the accommodations plan

Maintain accurate record keeping:
Each Campus §504 Coordinator shall:
• Maintain the student’s 504 folder during the school year
• Provide copies of 504 paperwork to the parent / guardian in a timely manner

The campus counselor serves as the campus 504 contact.

The mission of the Dickinson Independent School District is to ensure that all students have safe and successful learning opportunities that help them reach their full potential and add quality throughout their lives. 

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