Section 504

Each school district or charter school must have standards and procedures in place for the evaluation and placement of students in the district’s or charter school’s Section 504 program. Districts and charter schools must also implement a system of procedural safeguards that includes notice, an opportunity for a parent or guardian to examine relevant records, an impartial hearing with an opportunity for participation by the parent or guardian and representation by counsel, and a review procedure. 

Who is eligible for services?

An eligible student is a student who

1. Has a record of having, or
2. Is regarded as having a physical or mental impairment that substantially limits a major life activity, such as learning.

Who is considered to have a disability?

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 that 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 a 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.

What is a "major life activity"?

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.

Contact Person for Section 504 Referrals

The designated contacts regarding options for a student experiencing learning difficulties or regarding a referral for evaluation for Section 504 services are the campus counselors.

SPED VS 504