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WHAT IS SECTION 504?
Section 504 of the Rehabilitation Act of 1973 (Section 504) is a civil rights law designed to protect individuals with disabilities from discrimination for reasons related to their disabilities. Section 504 requires a school district, receiving Federal financial assistance, to provide a free and appropriate public education (FAPE) to eligible students. The FAPE must meet the students’ individual educational needs as adequately as the needs of non-disabled students. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities, or (2) have a record of such an impairment, or (3) be regarded as having such an impairment. The Office for Civil Rights of the U.S. Department of Education has jurisdiction to enforce Section 504 in instances of discrimination, harassment, or retaliation against anyone based on disability.
WHAT IS ADA?
The Americans with Disabilities Act of 1990 (ADA), signed by President George H. W. Bush, is a “sister act” to Section 504. The act is one of the most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream. Much of the language of the law is the same or similar to that of Section 504 and broadens the scope of civil rights protections for people with disabilities from only entities receiving federal financial assistance to all of society, including the private sector. Congress amended the ADA in 2008 in response to court decisions that narrowed the definition of impairment. In amending the ADA, Congress sought to reestablish the original intent of the law by underscoring the broad definition of impairment and clarifying its intent that impairments should be determined without reference to or consideration of mitigating measures. Mitigating measures are things like medications, prosthetic devices, assistive devices, or learned behavioral or adaptive neurological modifications that an individual may use to eliminate or reduce the effects of an impairment. These measures cannot be considered when determining whether a person has a substantially limiting impairment.
Parent Guide
Parent Guide (Spanish)
Parental Rights and Procedural Safeguards
Parental Rights and Procedural Safeguards (Spanish)Frequently Asked Questions About Section 504 and the Education of Children with Disabilities
CONTACT INFORMATION
Dr. Sarah Longshore
Telephone: 803-821-5628
Fax: 803-821-1103
Email: slongshore@lexington1.net
FAQs
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Who do I contact regarding 504 accommodations?
The primary contact at the school is the Section 504 Coordinator who is also a school administrator designated by the school principal. However, meetings may be requested through other school administrators, teachers, school counselors, or, if medical in nature, through the school nurse.
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If I want my child to have extra time on the SAT or accommodations for college, can the team meet to give them accommodations in advance?
No. The school 504 team can only make determinations related to eligibility and 504 plans in the current educational setting.
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What does a 504 plan include?
504 plans include the following: basic student information, student strengths and weaknesses, a statement regarding the impact of the student’s disability on successful participation in the school setting, necessary accommodations, and individuals responsible for implementing those accommodations.
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What students are eligible for accommodations under Section 504?
A student is eligible if he or she has a physical, mental, or emotional impairment that “substantially limits one or more major life activities”. Major life activities can include: breathing, seeing, learning, hearing, speaking, working, caring for oneself, or performing manual tasks. Eligibility decisions are based upon the extent to which an impairment adversely impacts successful participation in a school setting.
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How is 504 eligibility determined?
A school-based team meets to consider relevant information such as medical history, grades, school records, teacher input, parent input, and standardized test scores. The team may include the nurse, school counselor, previous teachers, current teachers, speech therapists, administrators, school psychologist, and parents/guardians. Representatives from outside agencies may also attend the meeting when invited by the parents. The Section 504 Coordinator or designee will be present during all team meetings.
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Who can request 504 eligibility meetings?
School personnel or parents may request eligibility meetings. Please contact your school's Section 504 Coordinator to make a referral and/or request an eligibility meeting. The school will contact you to confirm meeting dates and times.
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What documentation can parents provide that will assist the team?
Parents are encouraged to bring any relevant medical documentation that supports the existence of a disability and its impact on a major life activity.
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Are students automatically eligible for 504 accommodations based on assessment by a private provider/outside agency?
No. A medical diagnosis and/or private testing do not automatically qualify students for 504 accommodations. Eligibility is determined by the team, based on a disability and its impact on a major life activity.
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How does the 504 team determine “substantially limits” in an educational setting?
Section 504 does not define “substantial”, but rather requires a school team to make that determination. Current and previous school performance, test scores, classroom behavior, evaluations, and information from parents and teachers will be considered when determining the extent to which a major life activity is affected.
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Does a student retain 504 eligibility continually each school year?
Student 504 plans are reviewed periodically to determine if eligibility continues to be applicable or if modifications to the plan are appropriate. The review team may conclude that a student’s disability no longer substantially limits a major life activity.
