Special Education / Section 504

Pursuant to Section 504 (§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.

Child Find - any student who needs or is believed to need Section 504 services must be “identified” by the district for referral to Section 504 committee evaluation.

Section 504 of the Rehabilitation Act of 1973 is a federal law that prohibits discrimination based on disability. Unlike Individuals with Disabilities Education Act (IDEA) that governs special education, Section 504 is not an education, service, or funding statue. The purpose of Section 504 is to ensure that individuals with disabilities are given the same opportunity to participate in programs and activities as are their nondisabled peers.

Yes. However, evaluation does not necessarily mean a test or formal psychological evaluation. It refers to the gathering of data and/or information from a variety of sources so that the Section 504 committee may make the required determinations. Depending on the suspected disability, common sources of evaluation data are grades, attendance records, health information, standardized test scores, teacher comments, observations, medical records, discipline referrals, etc. The committee will consider any data provided by the parent, including medical documentation and private evaluations.

Students may qualify for protection under Section 504 if they have a mental or physical impairment that substantially limits one or more major life activities. A label, disability, or diagnosis, alone, does not make a student eligible under Section 504. The disability must substantially limit the student’s performance as compared to the performance of the average student in the general population.

This is a written document outlining specific accommodations and/or related services that are necessary for the student to access all programs and facilities. This may include extracurricular activities as well. All accommodations that are approved by the Section 504 committee must be necessary due to the specific substantial limitations caused by the student’s documented disability. Accommodations are intended to level the playing field and not to give an unfair advantage.

1. Referral: Parents/Guardians are invited to refer their child to the 504 process if they believe that their student has a physical or mental impairment that could make their child eligible for Section 504 protections. Other individuals may also make referrals, such as health care professionals, teachers, and other school staff members. Each school has a Section 504 coordinator who will facilitate the process; in BISD your counselor is your 504 Coordinator.

2. Eligibility: Once the referral has been received by the school, the Section 504 coordinator may ask the parent/ guardian to provide medical documentation or additional information and invite the parent/guardian to attend a Section 504 eligibility determination meeting. At the meeting, the 504 committee will review all available information and determine whether the student is eligible for Section 504.

3. Plan Development: If the student is determined to be eligible, then the Section 504 committee will write an Individual Accommodation Plan (IAP) or Section 504 plan for the student, describing the student’s impairment and accommodations and services that the student needs to access the general education curriculum at school.

4. Monitoring: The Section 504 committee will meet annually to review the student’s Section 504 plan and to determine whether any changes are needed. Parents/guardians can also request a meeting if they think that the Section 504 Plan needs to be reviewed or updated. The Section 504 committee may also review the student’s eligibility for Section 504 every three years (for example, obtain updated letter of diagnosis, or review if the impairment still presents substantial limitations, etc.)

Aiding students who have learning difficulties or who need special education or Section 504 services

For those students who are having difficulty in the regular classroom, all school districts and open enrollment charter schools must consider tutorial, compensatory, and other academic or behavior support services that are available to all students, including a process based on Multi-Tiered System of Support (MTSS) . The implementation of MTSS has the potential to have a positive impact on the ability of districts and charter schools to meet the needs of all struggling students.

If a student is experiencing learning difficulties, his or her parent may contact the campus principal to learn about the school’s overall general education referral or screening system for support services. This system links students to a variety of support options, including making a referral for a special education evaluation or for a Section 504 evaluation to determine if the student needs specific aids, accommodations, or services. A parent may request an evaluation for special education or Section 504 services at any time.

Who is the Section 504 Coordinator on the campus?

In BISD, your counselor is designated as the Section 504 Coordinator.

If I suspect that my child needs a Section 504 plan, what are the first steps that I should take?

Provide to the campus Section 504 Coordinator any available data that you have supporting the suspected disability.

If I have questions regarding the implementation of or change to my child’s Section 504 Plan, who do I contact?

You will want to reach out to the campus Section 504 coordinator to address your concerns. A Section 504 meeting will be held if any changes need to be made to the plan. Decisions to make changes in a plan are driven by data, committee discussion, and anecdotal information from parents and teachers.

Kim Berny

504, Dyslexia, General Education,
Homebound Coordinator

830-357-2097