504 Information

Parental Rights Afforded by Section 504 Of the Rehabilitation Act of 1973

The following is a description of the rights granted by federal law to students with disabilities, as outlined under Section 504. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions.

The implementing regulations for Section 504 as set out in the 34 CFR Part 104 provide parents and/or students with the following rights:

1. Your child has the right to an appropriate education designed to meet his or her individual educational needs as adequately as the needs of non-disabled students. 34 CFR 104.33.

2. Your child has the right to free educational services except for those fees that are imposed on non-disabled students or their parents. Insurers and similar third parties who provide services not operated by or provided by the recipient are not relieved from an otherwise valid obligation to provide or pay for services provided to a disabled student. 34 CFR 104.33.

3. Your child has a right to participate in an educational setting (academic and nonacademic) with non-disabled students to the maximum extent appropriate to his or her needs. 34 CFR 104.34.

4. Your child has the right to facilities, services, and activities that are comparable to those provided for non-disabled students. 34 CFR 104.34.

5. Your child has a right to an evaluation prior to a Section 504 determination of eligibility. 34 CFR 104.35.

6. You have the right to not consent to the school system’s request to evaluate your child. 34 104.35.

7. You have the right to ensure that evaluation procedures, which may include testing, conform to the requirements of 34 CFR 104.35.

8. You have the right to ensure that the school system will consider information from a variety of sources as appropriate, which may include aptitude and achievement tests, grades, teacher recommendations and observations, physical conditions, social or cultural background, medical records, and parental recommendations. 34 CFR 104.35.

9. You have the right to ensure that placement decisions are made by a group of persons, including persons knowledgeable about your child, the meaning of the evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities. 34 CFR 104.35.

10. If your child is eligible under Section 504, your child has a right to periodic reevaluations, including prior to any subsequent significant change of placement. 34 CFR 104.35.

11. You have the right to notice prior to any actions by the school system regarding the identification, evaluation, or placement of your child. 34 CFR 104.36. Updated December 2020

12. You have the right to examine your child’s educational records. 34 CFR 104.36.

13. You have the right to an impartial hearing with respect to the school system’s actions regarding your child’s identification, evaluation, or educational placement, with opportunity for parental participation in the hearing and representation by an attorney. 34 CFR 104.36.

14. You have the right to receive a copy of this notice and a copy of the school system’s impartial hearing procedure upon request. 34 CFR 104.36.

15. If you disagree with the decision of the impartial hearing officer (school board members and other district employees are not considered impartial hearing officers), you have a right to a review of that decision according to the school system’s impartial hearing procedure. 34 CFR 104.36.

16. You have the right to, at any time, file a complaint with the United States Department of Education’s Office for Civil Rights.

The Office for Civil Rights of the United States Department of Education enforces the requirements of Section 504 of the Rehabilitation Act of 1973. The address of the Regional Office (which includes Georgia) is: Office for Civil Rights, Region IV, 61 Forsyth Street, Suite 19T10, Atlanta, Georgia 30303.

The Section 504 Liaison for Henry County Schools is Wanda Williams. You may contact her at Henry County Schools' Learning and Support Center, 166 Holly Smith Drive, McDonough, Georgia, 30253;  telephone number,770.957.3945; and e-mail address, Wanda.Williams@henry.k12.ga.us.

Section 504 A Parent’s Guide

What is Section 504?

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance. Regulations for Section 504 require a school district to provide a “free appropriate public education” (FAPE) to each qualified student with a disability who is properly enrolled in the school district’s jurisdiction, regardless of the nature or severity of the disability.[29 U.S.C.§794(a), 34 C.F.R. §104.4(a)] The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act) effective January 1, 2009, revised the Americans with Disabilities Act of 1990 (ADA) and included conforming amendments to the Rehabilitation Act of 1973 which impacts the meaning of disability in Section 504.

Who is protected by Section 504?

Any otherwise qualified individual who 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 an impairment.

What is the definition of an impairment?

A disability is defined as a physical or mental impairment, any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (This is not an exhaustive list.)

What are “substantial limitations”?

The definition for “substantially limits” was updated by the Americans with Disabilities Act Amendments Act of 2008. The term “substantially limits” means that the disability substantially limits the ability of an individual to perform a major life activity as compared to most students.

In addition, an impairment need not “prevent, or significantly or severely restrict,” the student from performing a major life activity in order to be considered substantially limiting. This is an individualized assessment.

What is a major life activity?

Major life activities, as defined in the Section 504 regulations include (This is not an exhaustive list): Caring for one’s self, Eating, Performing manual tasks, Sleeping, Walking, Standing, Seeing, Lifting, Hearing, Bending, Speaking, Reading, Breathing, Concentrating, Learning, Thinking, Working, and Communicating.

What protections are afforded to those with a “record of impairment” or who is “regarded as having an impairment"?

Individuals are eligible for protection from discrimination. For example, a student who has a record of leukemia but who is currently in remission cannot be denied the opportunity to try out for the football team. Likewise a student with an orthopedic impairment cannot automatically be regarded as disabled when in reality the student experiences only minimal limitations.

What is a “reasonable accommodation”?

Reasonable accommodation in the school setting is a modification or adjustment of educational programs to afford students with disabilities equal opportunity to access the programs. Reasonable accommodations must be made for persons with disabilities unless the school can show that the requested accommodations would impose undue hardship.

Determining Eligibility for Section 504

When determining eligibility the team relies on a variety of sources such as aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. There are no impairments which automatically mean a student has a disability under Section 504. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities. A medical diagnosis alone does not automatically mean a student can receive services under Section 504. A physician’s medical diagnosis may be considered among other sources in evaluating a student with an impairment or believed to have an impairment that substantially limits one or more major life activities.

What is a 504 Plan?

The 504 plan is developed by the 504 team to ensure that a student who has a disability receives reasonable accommodations, modifications, or services that will ensure academic success and access to the learning environment. Annually the team will review the student’s 504 plan. However, a parent may request, at any time , to have a 504 meeting to review and revise the plan if needed.

FREQUENTLY ASKED QUESTIONS

Who can I talk to at the school regarding Section 504?

The Assistant Principal is the contact person at each school. The Assistant Principal is responsible for setting up a Section 504 Team. The team should consist of the parent, teacher, administrator, and any other person knowledgeable about the student.

Is it required for a student to be in the Response-to-Intervention (RTI)/ MultiTiered System of Support (MTSS) process prior to being evaluated for a Section 504 Plan?

No, when a parent or teacher suspects a student has a disability that substantially limits one or more major life activities the Section 504 team should convene to determine eligibility, regardless of whether the student is receiving interventions through the RTI/MTSS process.

Is it possible for a 504 student to fail a class?

Yes, Section 504 protections do not automatically dictate that a student will receive passing grades. Team members must keep in mind that many factors influence a student’s academic performance.

How does eligibility for a Section 504 plan affect discipline?

Students may not be punished for behavior that is caused by a disability. If it is determined that the behavior was not related to the disability, the student could receive the same consequences as a student without a disability.

Who is responsible for implementing Section 504?

Section 504 is considered to be a provision of general education. It is therefore the responsibility of classroom teachers and other designated personnel and the principal to assure that Section 504 accommodations are carried out.

Source: https://www2.ed.gov/about/ offices/list/ocr/504faq.html