Section 504 of the Rehabilitation Act places the responsibility for identifying and locating students with disabilities on the school. A school/district must annually undertake efforts to identify and locate every qualified individual with a disability residing in the school’s jurisdiction who is not receiving a public education.
If you suspect a child has a disability that requires intervention under Section 504 of the Rehabilitation Act, please contact your campus or the District 504 Coordinator, Lauren Luig at firstname.lastname@example.org.
Section 504 of the Rehabilitation Act of 1973, is a federal civil rights statute which protects the rights of persons with disabilities. Section 504 prohibits discrimination against disabled persons, including both students and staff members by school districts receiving federal financial assistance. Included in the U.S. Department of Education regulations for Section 504 is the requirement that disabled students be provided with Free Appropriate Public Education (FAPE). These regulations require identification, evaluation, the provision of appropriate services, and procedural safeguards.
An eligible student is a student who
(1) has a record of having or
(2) is regarded as having a physical or mental impairment which substantially limits a major life activity such as learning.
A person is considered to have a disability under Section 504 if he/she meets one or more of the following definitions:
(1) has a physical or mental impairment which substantially limits one or more major life activities. The term does not cover children disadvantaged by cultural, environmental, or economic factors
(2) has a record or history of such an impairment
(3) is regarded as having such an impairment.
(a) has physical or mental impairment that does not substantially limit a major life activity but is treated by the district as having such a limitation;
(b) has a physical or mental impairment that substantially limits a major life activity only as a result of the attitudes of others towards such impairment, or;
(c) has no physical or mental impairment but is treated by the district as having such an impairment.
Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks. The disability must substantially limit learning activities for the student to be eligible for 504 educational services (34 CFR § 104.3(1)). This activity need not be related to learning to come under the protection of Section 504. The determination of whether an impairment is “substantially limiting must be made on a case-by-case basis by the Section 504 Review Committee. The nature, severity, duration, and permanence of the impairment should be taken into consideration.
The term includes all programs or activities of school districts.
Referral for services under Section 504 is made through the 504 Coordinator on each campus.