504 Plan and Homebound

Section 504 protects individuals with disabilities from discrimination and helps ensure that eligible students have equal access to educational programs and opportunities.

A student may be considered an individual with a disability under Section 504 when the student has a mental or physical impairment that substantially limits one or more major life activities.

Major life activities may include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

When determining whether Section 504 applies to a student, the school considers several important questions:

1. Does the student have a disability?
2. Does the disability affect the student’s education or educational opportunity?
3. If so, what accommodations may be needed for the student to receive access to an education comparable to that provided to students without disabilities?

If a school has reason to believe that a student may need accommodations because of a disability, an evaluation must be completed to determine whether the student is eligible under Section 504.

Eligibility and accommodation decisions are made by a group of people knowledgeable about the student and the available evaluation information.

Accommodations are adjustments made within the school or classroom environment to help an eligible student access educational opportunities.

When determining appropriate accommodations:

• Accommodations must be individualized.
• The individual needs of a student with a disability should be addressed to the same extent as the needs of students without disabilities.
• Accommodations may be made within school and classroom programs.
• Accommodations should provide students with disabilities equal access to educational opportunities.

The appropriate accommodations are determined by a knowledgeable team and should be reviewed periodically.

Section 504 provides procedural safeguards for eligible students and their parents or guardians. These safeguards include rights related to identification, evaluation, educational placement, records, and dispute resolution.

• The right to an appropriate education designed to meet the student’s individual educational needs.
• The right to educational services without fees beyond those imposed on students without disabilities.
• The right to placement in the least restrictive environment.
• The right to facilities, services, and activities comparable to those provided to students without disabilities.
• The right to an evaluation before an initial Section 504 placement or subsequent significant change in placement.
• The right to have evaluation and placement decisions made by a knowledgeable group using information from a variety of sources.
• The right to periodic reevaluation when eligible under Section 504.
• The right to notice regarding district actions involving identification, evaluation, or placement.
• The right to examine relevant educational records.
• The right to request an impartial hearing concerning identification, evaluation, or educational placement.

Section 504 is administered through the general education program. Schools have responsibilities to ensure eligible students are identified and provided appropriate access to educational opportunities.

School responsibilities include:

• Providing assurance and notice of nondiscrimination.
• Providing appropriate complaint procedures.
• Designating a school Section 504 designee.
• Identifying qualified students with disabilities.
• Evaluating students when there is reason to believe accommodations may be needed.
• Developing and implementing appropriate accommodation plans for eligible students.

Role of the School 504 Designee

Each school has a Section 504 designee who helps coordinate the school’s responsibilities under Section 504. The designee facilitates Section 504 meetings, provides families with procedural safeguard information, and assists with the development and implementation of appropriate accommodation plans.

Parents and guardians have the right to request an impartial due process hearing when they wish to contest an action involving a student’s identification, evaluation, or placement under Section 504.

A parent or guardian may participate personally in the hearing and may choose to be represented by an attorney or advocate at the parent’s expense.

Requesting a Hearing

A parent or guardian wishing to challenge an action or omission involving identification, evaluation, or placement should submit a request for a due process hearing to the Section 504 District Supervisor.

Impartial Hearing Officer

The district will appoint an impartial hearing officer who is not a current employee of the school system and is familiar with Section 504 requirements and hearing procedures.

The Hearing

The hearing is conducted in an informal manner. Both parties have an opportunity to present their positions, witnesses, and supporting documents. The hearing officer reviews the information presented and issues a decision.

Review of the Decision

A parent or guardian who disagrees with the hearing officer’s decision may seek review by a court of competent jurisdiction. Families also have the right to file a complaint with the U.S. Department of Education Office for Civil Rights.