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Section 504 of the
Rehabilitation Act of 1973
- Purpose of Section 504 of the Rehabilitation
Act of 1973
- Evaluation
- Eligibility
- Definitions
- "mental or physical impairment"
- "substantially limits"
- "major life activities"
- "has a record of such an
impairment"
- "is regarded as having an
impairment"
- When students enter the
RJUHSD with a pre-existing Section 504 plan
- Rights in Identification, Evaluation,
and Placement
- Purpose
of Section 504 of the Rehabilitation Act of 1973
The purpose of Section 504 is to eliminate discrimination on the basis
of disability in any program or activity that receives federal financial
assistance. Eliminating discrimination on the basis of disability is
accomplished by providing equal access to educational opportunity by
providing reasonable modifications and services. In other words, Section
504 is the section of the Rehabilitation Act of 1973, a civil rights
act, which protects the civil and constitutional rights of persons
with disabilities. It states that no person with a disability can be
excluded from or denied benefits of any program receiving or benefiting
from federal financial assistance.
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- Evaluation
The process for determining Section 504 eligibility begins with an
evaluation. The evaluation must be appropriate to the needs and circumstances
of the individual pupil. However "evaluation" does not
necessarily mean "test". In the section 504 context, "evaluation" refers
to a gathering of data or information from a variety of sources so
that the 504 committee (group of persons knowledgeable about the
student) can make the required determinations. The 504 committee
will carefully consider any pertinent information as it relates to
the pupil in the school setting. The information typically considered
comes from several sources; school records, school wide standardized
assessments, report cards, teacher observations, parent observations,
interviews by school personnel, physician reports, etc. The 504 evaluation
may also include some formal testing if additional information is
needed to make a determination. Written parent permission will be
requested if the committee recommends formal testing.
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- Eligibility
A disabled student eligible for services under Section 504 is one who
(a) has a physical or mental impairment that substantially limits
one or more major life activities, including learning, (b) has a
record of such an impairment, or (c) is regarded as having such an
impairment. (34 CFR 104.3)
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- The term "mental
or physical impairment" means: 1) Any mental
or psychological disorder, such as mental retardation,
organic brain syndrome, emotional or mental illness,
and specific learning disabilities. 2) 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, genito-urinary; hemic and
lymphatic; skin; and endocrine.
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- The term "substantially
limits" is defined as follows: According
to the Americans With Disabilities Act of 1990, a major
life activity is substantially limited if a person
is "unable to perform a major life activity that
the average person in the general population can perform?.
For example, to determine whether a student’s
mental or physical impairment "substantially limits" the
major life activity (of learning, writing, reading,
etc.), the district should compare the student’s
academic progress to that of the "average child" of
comparable age, not a child of similar intellectual
potential. Indications of a possible disability that
may substantially limit a student's learning may include,
but are not limited to, the following factors:
- 1) Below average achievement test scores.
2) Below average or failing grades over a lengthy period of time.
3) Failure to pass from grade to grade.
4) Failure to complete assignments on a regular basis.
5) Poor attendance
6) Pattern of suspensions from class or school.
7) Inability to gain physical access to what is needed for learning.
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-
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- Major
life activities are functions such as caring
for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning and working.
Examples of students with such impairments include,
but are not limited to: 1) Students with a normal ability
to learn but who have a mobility or sensory impairment
and require aids or services in order to function physically.
2) Students with a normal ability to learn, but who
have problems attending school due to medical conditions
such as severe asthma or heart disease, or other illness
or accident. 3) Students with emotional disabilities
manifested by behavior problems that result in exclusion
from classes or school.
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- The phrase "has
a record of such an impairment" means:
The student has a history of, or has been misclassified
as having, a mental or physical impairment that substantially
limits one or more major life activities. The use of
this definition of a handicapped person is rarely applicable
in elementary and secondary education, and is insufficient,
by itself to trigger section 504 protections and accommodations
(OCR memorandum, 8/3/92, 19 IDELR 894).
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- The phrase "is
regarded as having an impairment" means:
Although the student has a physical or mental impairment
that does not substantially limit a major life activity,
he/she is treated by others in such a manner as to
constitute such a limitation. Thus the physical or
mental impairment substantially limits major life activities
only as a result of the attitudes of others toward
the impairment. Or, the student has none of the impairments
defined above, but is treated by the school community
as having such an impairment. The use of this definition
of a handicapped person is also rarely applicable in
elementary and secondary education, and is also insufficient,
by itself to trigger section 504 protections and accommodations.
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- Whether or not the pupil is eligible for 504 services
will be determined by participating public school personnel
after consideration of all relevant data, including consideration
of any information the parent and pupil wish to provide.
If the pupil is found to be eligible for Section 504
accommodations, a written 504-accommodation plan of services
will be developed and reviewed periodically. Please note:
Students found eligible for 504 accommodations are not
exempt from the requirement of passing the California
High School Exit Exam. The 504 team will address the
issue of the CAHSEE during the eligibility meeting and
determine whether or not any accommodation is needed.
Fortunately, unlimited time is allotted to all students.
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When students
enter the RJUHSD with a pre-existing Section 504 plan:
If a student with a Section 504 plan transfers to the
Roseville Joint Union High School District (RJUHSD) from
another school district, then the local Section 504 Team
will review the previous 504 plan and supporting documentation.
If the local RJUHSD 504-team determines the previous 504
plan is appropriate, then the pre-existing plan must be
implemented. If the local RJUHSD 504-team determines the
pre-existing 504 plan does not properly address the student's
educational needs, then the local RJUHSD 504-team must
evaluate the student's needs consistent with the Section
504 procedures cited in Title 34 of the Code of Federal
Regulations, section 104.35 and determine which educational
program is appropriate for the student.
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RIGHTS
IN IDENTIFICATION, EVALUATION AND PLACEMENT
(Section 504 of the Rehabilitation Act of 1973)
The following is a description of the rights granted by
federal law to students with handicaps. 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.
You have the right to:
- Have your child take part in, and receive benefits
from public education programs without discrimination
because of his/her handicapping conditions;
- Have the school district advise you of your rights
under federal law;
- Receive notice with respect to identification, evaluation,
or placement of your child;
- Have your child receive a free appropriate public education.
This includes the right to be educated with nonhandicapped
students to the maximum extent appropriate. It also includes
the right to have the school district make reasonable
accommodations to allow your child an equal opportunity
to participate in school and school-related activities.
- Have your child educated in facilities and receive
services comparable to those provided non-handicapped
students;
- Have your child receive special education and related
services if she/he is found to be eligible under the
Individuals with Disabilities Education Act (PL 101-476)
or Section 504 of the Rehabilitation Act;
- Have evaluation, educational, and placement decisions
made based upon a variety of information sources, and
by persons who know the student, the evaluation data,
and placement options;
- Have transportation provided to and from an alternative
placement setting at no greater cost to you than would
be incurred if the student were placed in a program operated
by the district.
- Have your child be given an equal opportunity to participate
in nonacademic and extracurricular activities offered
by the district;
- Examine all relevant records relating to decisions
regarding your child's identification, evaluation, educational
program, and placement;
- Obtain copies of educational records at a reasonable
cost unless the fee would effectively deny you access
to the records;
- A response from the school district to reasonable requests
for explanations and interpretations of your child's
records;
- Request amendment of your child's educational records
if there is reasonable cause to believe that they are
inaccurate, misleading or otherwise in violation of the
privacy rights of your child. If the school district
refuses this request for amendment, it shall notify you
within a reasonable time, and advice you of the right
to a hearing;
- Request mediation or an impartial due process hearing
related to decisions or actions regarding your child's
identification, evaluation, educational program or placement.
You and the student may take part in the hearing and
have an attorney represent you. Hearing requests must
be made to: Glen DeGraw, R.J.U.H.S.D. Assistant Superintendent;
- Ask for payment of reasonable attorney fees if you
are successful on your claim;
- File a local grievance.
The person in this district who
is responsible for assuring that the district complies
with Section 504 is Glen DeGraw, Phone #786-2051.
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