Section 504

Schools must conduct an additional evaluation of a student with a disability under Section 504, referred to in the guidance as a manifestation determination, before implementing a disciplinary removal that will result in a significant change in placement. A significant change in placement due to discipline means: (1) a removal from class or school for longer than 10 consecutive school days, or (2) a series of removals from class or school that together total more than 10 school days in a school year and constitute a pattern of removal. Examples include expulsions and certain suspensions. The purpose of this evaluation is to determine whether the behavior for which discipline is proposed was caused by, or have a direct and substantial relationship to, the student’s disability. A school must provide notice to the student’s parent or guardian before the school proposes discipline that would constitute a significant change in a student’s placement.

A parent may request a local 504 due process hearing if he/she disagrees with actions regarding the identification, evaluation, modification, accommodation, discipline, placement, or educational services of a student who is believed to have a disability as defined by Section 504. Written request for a hearing should be directed to the Coordinator of Section 504.

Parents have the right to:

• Inspect, at reasonable times, all educational records relating to the student and proposed action, including tests and reports. An appointment during school hours is required. The parents may receive copies upon request at a nominal cost.
• Request that the hearing be open to the public.
• Have the student who is the subject of the hearing present.
• Be accompanied and advised by counsel and by individuals knowledgeable about disabled children.
• Present competent and relevant evidence, both in documentary and witness form.
• Question and cross-examine witness.
• Request mediation or an impartial due process hearing related to decisions or actions regarding your child’s identification, evaluation, education program and placement. You and the student may take part in the hearing and have an attorney represent you. Hearing requests must be made to the 504 Coordinator.

A student with a disability should be considered for eligibility under Section 504 if he/she:

• has a physical or mental impairment which substantially limits one or more major life activities
• has a record of such an impairment; or
• is regarded as having such an impairment.

Having a diagnosis of a condition or disability does not automatically qualify a student as eligible under Section 504. Parents or guardians who feel their student may meet the criteria for Section 504 eligibility, a request can be made with the school based ‘504 facilitator’ by calling your student’s school.

Physical or mental impairments include major bodily functions and mental or psychological disorders. Examples of common “impairments” found in 504 Plans are ADHD, Diabetes, Allergies, and Asthma.

An impairment as used in Section 504 may include any disability, long-term illnesses, or various disorders that “substantially” reduces or lessens a student’s ability to access educational opportunities in the school setting because of a learning-, behavior-, or health-related condition.

Major life activities include, but are not limited to self-care, manual tasks, walking, seeing, speaking, standing, sitting, lifting, bending, thinking, reading, learning, breathing, concentrating, interacting with others, working, etc. Conditions that are episodic or in remission are also now covered if they create a substantial limitation in one or major life activity while they are active. Students who are currently using illegal drugs or alcohol are not covered or eligible under Section 504.

Substantially limits are not defined in the federal regulations; however, in a letter from the Office of Civil Rights (OCR), they state that “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 considering substantial limitations, students must be measured against their same age, non-disabled peers in the general population and without benefit of medication or other mitigating measures such as learned behavioral or adaptive neurological modifications, assistive technology or accommodations.

Each student’s needs are determined individually. Determination of what is appropriate is based on the nature of the disabling condition and what that student needs to have an equal opportunity to compete when compared to the non-disabled. There is no guarantee of As or Bs or even that the student will not fail. Students are still expected to produce. The goal of education for all students, with or without disabilities, is to give students the knowledge and compensatory skills they will need to become functional and productive citizens.