What is Section 504?  

Section 504 is part of a federal civil rights law known as the Rehabilitation Act of 1973.  This law specifically prohibits discrimination against students with disabilities and guarantees them a free and appropriate education (FAPE).  Discrimination, as defined in Section 504, is the failure to provide students with disabilities the same opportunity to benefit from education programs, services, or activities as provided to their nondisabled peers.  Therefore, schools cannot exclude students with disabilities from facilities, programs, benefits, activities, or services that are provided to students without disabilities.  Schools must make sure  that all students receive equal access to educational opportunities. 

How does the Rehabilitation Act of 1973 define a “person with disabilities? 

The Rehabilitation Act of 1973 defines a person with disabilities as any person who “has a physical or mental impairment that substantially limits one or more major life activities or body function, has a record of such impairment, or is regarded as having an impairment.”  Major life activities as defined by the Rehabilitation Act of 1973 include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.  Learning does not have to be the major life activity affected in order for an individual to be eligible for protections and services under Section 504.  

How are students identified as having a disability? If a student is experiencing difficulties, his or her parent(s) may contact the school’s guidance counselor to learn about the school’s overall general education referral or screening system for support services.  The student may be linked to a variety of supports, including making a referral to EC evaluation or Section 504 evaluation to determine if the student needs specific aids, accommodations, or services.  A parent may request an evaluation for Section 504 services at any time.  

Parents, teachers, and other staff members will meet to discuss all relevant information about the student.  The parent(s)’ participation in this meeting is critical and helps to establish an accurate picture of the student’s needs.  At the meeting, the Section 504 team will consider whether the student has a disability that substantially limits a major life activity or body function.  If the team needs more information, they will request the parent's consent to evaluate the student.  If the team determines that the student does have a disability, they will identify what types of support, or accommodations, are appropriate to meet the student's needs.  An Accommodation Plan will be developed.  

What is included in a Section 504 Accommodation Plan? 

A Section 504 Accommodation Plan describes the accommodations the school will provide to support the student’s education.  The team that determined the student’s eligibility for Section 504 and identified the needed accommodations will create an accommodation plan to provide clarity and direction to the individuals delivering services or making accommodations.  An Accommodation Plan should be reviewed, at a minimum, annually.  Section 504 Accommodation Plans may be updated at any time to reflect changes and recommendations by the team.

What is the role of the parents?  

Parents play a key role by providing important information to schools about their child’s needs and advocating for their child.  If a parent believes his or her child has a disability (medical) or is having problems in school, the child’s teacher or school counselor should be contacted to discuss these concerns.  Building a strong parent/school partnership begins with effective communication.  As an added benefit, this involvement demonstrates the importance the parent places on education. 

What is the role of teachers?  

In order for students with disabilities to be successful in school, teachers may need to modify the classroom environment, adjust their teaching strategies, or provide other accommodations.  Other tasks include assessment of student progress and effective communication with parents.  Teachers are required under Section 504 to provide necessary accommodations as specified in the Section 504 Accommodations Plan.  

What is the role of the School Counselor? 

When the parent contacts the School Counselor with regard to a concern about a student’s unique need for special help, the School Counselor will assemble a team and schedule a 504 meeting.  If it is determined that the student is eligible for 504 services, the School Counselor will facilitate a meeting with the parent(s) and the 504 team to develop an Accommodations Plan.  The School Counselor will also schedule a meeting, at a minimum, annually to review the accommodations.  Every 3 years, the School Counselor will schedule a reevaluation meeting. 

Are students with disabilities disciplined differently than their non-disabled peers? 

While all students are expected to follow classroom and school rules, a student with a disability may need a specialized behavior plan or accommodations to support his or her appropriate behavior during all school activities.   Students with disabilities are not exempt from consequences for violations of the Student Code of Conduct.  If consequences may exceed 10 days of out-of-school suspension (whether intermittent or consecutive days) a manifestation determination meeting will be held.  If it is determined the behavior is a manifestation of the student’s disability, the consequence outlined in the Code of Conduct may be deemed inappropriate and consideration should be given to revising the student’s individual behavior plan.  Revisions may include strategies and supports that will reduce the likelihood that inappropriate behavior will occur in the future and encourage more socially acceptable behaviors within the school setting.  Although Section 504 does not specifically address discipline, best practice would suggest the district’s use of policies and procedures outlined in the Individuals with Disabilities Education Act (IDEA) when making decisions about disciplinary consequences for a student eligible under Section 504. 

What are the major differences between IDEA and Section 504? 

Both IDEA and Section 504 guarantee students with disabilities access to a free and appropriate public education.  However, there are major differences between them, specifically in the criteria used to determine eligibility and the definition of a free and appropriate education.  IDEA provides more specific categories of disabilities including hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), emotional disability, orthopedic impairments, autism, traumatic brain injury, other health impairments, and specific learning disability.  For a student to receive services under IDEA, the student’s education performance must be adversely affected by the disability and the student must be in need of specialized instruction/EC services.  Section 504 is not limited to specific disability categories and does not require evidence that the disability adversely affects the student’s educational performance; however, the definition states that in order to be eligible for an Accommodation Plan, the student must “have a physical or mental impairment which substantially limits one or more major life activities or bodily function.”  Students ineligible for services under IDEA may be eligible for accommodations under Section 504.  

Whom do I contact for information on Section 504?

Virginia Arrington

Student Services Coordinator

varrington@currituck.k12.nc.us

252-232-2223 Ext. 1016

Or

School Counselor Contact