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    Section 504 Facts in Brief

    Section 504 of the Rehabilitation Act of 1973

     

    Section 504 is designed to eliminate discrimination against any student with a disability in any program offered by a school district.

     

    Who is Covered:

    ·         Any student who, has a record of, or is regarded as having, a physical or

    mental impairment that substantially limits one or more of life’s major activities.

     

    Requirements:

    ·         Eligible students must have an opportunity to access all activities and

    programs, and cannot be denied participation because of their disability.

     

    ·         Eligible students with a disability must be offered a free appropriate public

    education (FAPE). FAPE is the provision of reasonable accommodations,

    adaptations, or modifications to the environment or activity that allows the

    student equal opportunity to participate.

     

    ·         Accommodations must be designed to offer equal opportunity to gain the same

    benefit as non-disabled peers, within the most integrated setting appropriate, but

    are not expected to produce identical results or the same level of achievement.

     

    ·         Transfers: If a student that is disabled under Section 504 transfers from another LEA, a knowledgeable committee at the receiving school should convene and review the 504 plan to determine if it is appropriate for the current educational environment.

     

    Determination of Eligibility:

    ·         The school’s Section 504 Committee determines initial Section 504

    eligibility.

     

    ·         The school’s Section 504 Committee must identify the presence of a physical or mental impairment and the major life activity limited by the impairment.

     

    ·         Current illegal use of drugs or alcohol is not an impairment protected under

    Section 504.

     

    The Personal Student Plan (PSP):

    ·         A committee composed minimally of the 504 coordinator, the student’s teacher and another person knowledgeable about the student develops the 504 PSP for eligible students.

     

    ·         The parent is invited, but does not have to attend or approve of the PSP.

     

    ·         The PSP should reflect the unique needs of the student and relate directly to

    the impairment. Only the accommodations necessary for the student to have an

    equal opportunity to access programs and activities should be included.

     

    ·         The knowledgeable committee must meet at least once a year to review the 504

    Plan and determine if the student is considered disabled under Section 504 and eligible to receive accommodations.

     

     

    Disciplinary Protections:

    ·         The knowledgeable committee must conduct a manifestation review following a decision

    to remove a student from school for more than 10 days in a school year.

     

    ·         If there is no manifestation, the student may be disciplined in the same manner as a

    non-disabled student, including cessation of educational services.

     

     

    Procedural Safeguards:

    ·         Parents and eligible students are entitled to certain procedural safeguards.

     

    ·         See Notice of Parent’s Rights Handout