504 Coordinator Manual
Rock Hill Schools District 3
June 2014
Created by: Kristin Nori
District Compliance Officer
Table of Contents:
Introduction---------------------------------------------------------------------------Section 504 Guide for Parents and Teachers--------------------------------------
5
School Facility Guide to Section 504-----------------------------------------------
13
Identification and Evaluation Procedures-----------------------------------------
14
Referral--------------------------------------------------------------------------
14
Evaluation Review Compliance Check (ERCC) Team-------------------
15
Initial Eligibility Decisions---------------------------------------------------
16
Section 504 Accommodations Plans-----------------------------------------------
18
Section 504 Committee Membership (ERCC)----------------------------
18
Plan Development-------------------------------------------------------------
18
Plan Review and Revision---------------------------------------------------
19
Discipline Procedures--------------------------------------------------------
20
Transfers -----------------------------------------------------------------------
21
Reevaluation---------------------------------------------------------------------------
21
Records ---------------------------------------------------------------------------------
22
Complaint Process---------------------------------------------------------------------
23
Appendices
A. Example Forms for Initial Eligibility___---------------------------------------------------------------B. IDEA and 504 Brief Overview of Differences -----------------------------C. 504 Fact Sheet ------------------------------------------------------------------35
D. Procedural Safeguards
---------------------------------------------------------- 37
E. 504 Questions and Answers---------------------------------------------------38
F. Resources ------------------------------------------------------------------------39
24
33
INTRODUCTION: What is “Section 504?”
Section 504 of the Rehabilitation Act of 1973 summed up in one word: nondiscrimination.
Section 504 regulations require school districts to provide appropriate education to
students with disabilities under Section 504. It states:
No otherwise qualified individual with a disability in the United States…shall solely
by reason of his/her disability be excluded from the participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
receiving Federal Financial assistance.
When this law is applied to public school settings, the purpose of this plan is allow access
ALL students to FAPE (Free and Appropriate Public Education) and prohibits the denial of
public education participation or enjoyment of benefits offered by public school programs
for students with medical disabilities. This law is meant to identify and rectify that
historically people with disabilities have faced discrimination and exclusion from federally
funded programs (i.e. public education). This civil rights law is meant to look at what
people outside of the protected class receive, in other words, what do nondisabled students
get? The law is looking for equal opportunity between nondisabled peers and students who
have qualified as disabled.
Accommodations must also be provided to families who need those accommodations in
order to participate in school activities. For example, a parent who is deaf and requires an
interpreter to communicate with child’s teacher and for other school visits. However, there
is no state or federal funding provided to the schools to assist with 504 compliance; all
financial costs are obligations of the school district.
In this handbook, you will find general information about the 504 Process for parents or
teachers, as well as the referral process and procedures for developing a 504 plan for
students who qualify. All information in this handbook includes the changes resulting
from the Americans with Disabilities Act Amendment of 2008 and reflects the Rock Hills
Schools ongoing commitment to educate all children in s accordance with our Mission and
Core Values.
Section 504 and Education
In order to be eligible under Section 504 for an accommodation plan, a student must not
just be disabled, but also qualify for an educational plan. There are two prongs in
identifying whether or not a 504 Accommodation Plan is appropriate.
The Section 504 Accommodation Plans are created for students who are impacted in the
general education setting by a medically diagnosed condition. The first prong of looks at
whether or not a child has a medical condition (or evidence of) that substantially limits or
affects him or her in the classroom. The second prong looks at if the child needs a formal
plan to have equal access to FAPE.
If the two prongs are identified, a student may require accommodations in the classroom or
school environment which would result in developing a 504 Accommodation Plan. This is a
general education plan, therefore, the child is NOT receiving Special Education Services,
and the classroom teacher is the primary service provider of the appropriately identified
accommodations. The classroom teacher and other important staff (including but not
limited to: occupational therapist physical therapist, nurse, guidance counselor, mental
health provider, behavior specialist, doctor etc.) and sometimes the child’s parents are
responsible to see that the child is receiving equal access to his or her education. Parents
or family members may be a part of a 504 Team, but it is not required to have parent
permission to proceed with the implementation of a formal plan. This is very different than
the laws under IDEA for students receiving special education services.
Consideration of Special Education
Lots of times people on 504 Teams question why special education services must be
considered prior to identifying a child as eligible for a 504 Plan. This is not saying that the
team must evaluate every child for special education services; it is simply saying that the
team must consider whether or not the child needs more intensive services. The reason for
this is because child cannot receive both special education services and a 504 plan. When
identifying a student with a disability, it is important to rule out that the child does not
need the more intensive services that an Individual Education Plan (IEP) could address
versus just needing some general education accommodations.
This decision is virtually made at the initial referral process by the person making the
referral. Then this should be discussed by the whole 504 Team and documented on the
conference notes during the Initial Eligibility Meeting. Students with disabilities may not
be eligible under the Individuals with Disabilities Education Act (IDEA) to receive special
education services. Most state and federal guidelines are very strict in their criteria for
eligibility, focusing on students with the most severe disabilities who demonstrate through
an evaluation process the need for specialized instruction provided by a Special Education
Teacher. Students with disabilities that are not as severe and only need some general
education accommodation may be considered for a 504 Accommodation Plan instead.
So how do you make this decision? The first step is to recognize whether or not the child
may require a specific continuum of placements and program supports. If this is the case,
then you are looking at more of a Special Education case than Section 504. However, if you
don’t think the child needs this specialized instruction and his or her needs can be met
primarily in the general education setting with accommodations, then this child could
possibly benefit from having a 504 Accommodation Plan.
Once a team has decided to move forward in the 504 Eligibility Process, there are specific
procedures and steps to take to document the need for a formal 504 Accommodation Plan
(see the next section on what these steps are).
Another time a team may decide a child needs a 504 Accommodation Plan is when his or
her disability is no longer requiring the specialized instruction provided by an IEP, but
instead only requires accommodations in the general education setting. In this instance,
the child may be dismissed from special education and referred for a 504 Accommodation
Plan.
A final time a team may consider a 504 is if the child has been evaluated for special
education services and did not qualify because the discrepancies are not severe enough
warrant Special Education Services.
COMMON QUESTIONS ABOUT THE 504 PROCESS
What is Section
504?
Section 504 of the Rehabilitation Act of 1973, as
amended, is a federal civil rights statute protecting
persons with disabilities from discrimination. Section
504 applies to all agencies that receive federal funds
including public schools.
Is Section 504 a
Special Education
Law?
No!!! Section 504 is considered a general education
How is “disability”
defined under
Section 504?
responsibility. Special Education is provided under a
different federal law – IDEA and has different intents,
eligibility criteria, and provisions for students. To
qualify for special education, there must be evaluations
and observations’ showing that the student has one of
13 specific disabilities, the student’s disability has an
adverse effect on educational performance, and the
student requires specialized instruction. To be eligible
under Section 504, it must be demonstrated that a
student has a disability under standards that are
different from special education eligibility criteria.
Generally speaking, students who qualify under
Section 504 will not be receiving direct instructional
services of a specialized nature and, in many cases,
related aids and services are provided in a regular
educational setting. The intent of Section 504 is to
remove barriers with reasonable accommodations or
adjustments and adjust for differences so students
with disabilities can participate in general classroom
instruction.
Section 504 defines disability as a physical or mental
impairment that substantially limits a major life
activity. Students eligible for Section 504
accommodation plans must meet three criteria.
The three criteria are:
1. a mental or physical impairment,
A mental impairment is a cognitive, learning or
psychological disorder. A physical impairment is a
medical condition or disorder of bodily functions.
2. which substantially limits,
A substantial limitation means that the student is
significantly restricted as to the condition, manner or
duration under which the student can perform a
particular major life activity as compared to the average
student population. Additionally, with the exception of
ordinary eyeglasses and contact lenses, the
ameliorative effects of available “mitigating measures”
(including, but not limited to, medications, prosthetics,
hearing aids, mobility devices, and learned
adaptations) may not be considered in determining
whether someone is “substantially limited” in a major
life activity.
3. One or more major life activities.
A major life activity includes seeing, hearing, speaking,
walking, bending, learning, reading, concentration,
thinking, working, caring for oneself, performing
manual tasks, and other similar types of activity. This
list does not include all possibilities. Major life
activities also include bodily functions such as
breathing, sleeping, neurological functioning,
bowel/bladder functioning, and other bodily functions.
It is important to understand that all three criteria
must be present for a student to be eligible for a
Section 504 accommodation plan. Equally important,
this disability must be the reason the student cannot
equally access or receive benefit from the school’s
programs and services
What does Section
504 do for
students?
Who should be
referred for Section
504 consideration?
What are the signs
indicating the need
for a referral under
Section 504:
Under Section 504, a student with a mental or physical
impairment that substantially limits a basic life activity
is entitled to a free appropriate public education,
including regular education and other accommodations
or supports that are designed to meet the individual
educational needs of a student with a disability as
appropriately as those of a nondisabled student.
Parents and teachers should refer any student who is
suspected of having a physical or mental impairment
and who is believed to need accommodations or
supports to receive a free appropriate public education.
 A parent or a school RTI team makes a request
for a Section 504 evaluation or plan
 When a student returns to school after a serious
illness or injury
 The student is suspected of having an
impairment
 When a student shows a pattern of not benefiting
from the instruction being presented.
 When a student exhibits signs of a chronic
health problem/has absences due to illness
 The student enrolls with a 504 plan from another
district within South Carolina. (Out of state plans
should be considered, but the team should hold
an Initial Eligibility meeting to determine if the
child is eligible based on our district and state
standards.
Who can make a
504 referral?
When should the
meeting of the
ERCC be held?
Who is on the 504
Team?
Who makes
decisions about
whether a student
has a disability
under Section 504?
What information
A parent, adult student, school staff person or others
may begin the referral process by contacting the school
principal or designee, or the Building Section 504
Coordinator. The first step is to complete question 1 of
the Comprehensive Referral/Review form and to have
the referral form and packet completed. If the referral
is being made by school, then school personnel
complete the referral form. If the referral is being made
by someone other than school personnel, then the 504
Building Coordinator should conduct an interview of
the person referring the student. This referral for
Section 504 will be reviewed by the school’s Evaluation
Review Compliance Committee (ERCC).
The meeting should be held as soon as possible after
the referral is made. The ERCC should not be delayed
pending the collection of documents. If the
recommendation of the ERCC is to determine eligibility
for Section 504, then the ERCC becomes the Section
504 team.
The Section 504 team must include:
 Persons knowledgeable about the student.
 Persons knowledgeable about the evaluation.
 Persons knowledgeable about the
accommodations/placement options.
There are no other specifics on who should attend 504
meetings. RHSD3 requires attendance by the School
504 Coordinator and the school psychologist.
It is best practice to invite parents to participate as
part of this team. The Section 504 team may include
the following member:
 Principal or designee
 School Psychologist
 Special education teacher
 General education teacher
 Guidance counselor
 School nurse
 Home/school worker
 Referral source, except if inclusion of the referral
source would breach the confidentiality of the
student
The decision is made by a team designated as the
student’s Section 504 team.
The team considers information from the parents and
teachers along with any information from the student’s
does the team
consider?
outside health or medical providers. If further
evaluation is needed, then the team will determine the
data that will be needed for the Section 504 evaluation
and the individuals responsible for collecting the data.
Examples include:
 The school nurse may provide an assessment of
the impact of a student’s disability in the school
and will review information from health or
medical providers.
 A determination of the need for Vision, Hearing,
Speech screenings and a Social History should
be made at this time.
 The school psychologist may observe the student,
collect behavioral information and review any
other evaluation information available.
 The special education teacher may collect
information regarding the student’s academic
achievement.
 Parents may be asked to provide a copy of
previously conducted medical assessments.
Parents may be asked to give written consent for
the school to request pertinent records. Parents
may also be asked to get a medical statement or
health assessment statement from the student’s
health care provider.
What decisions will
the team make?
Once the evaluation data to determine need is
collected, the team must decide whether the student
has a disability under Section 504 and is eligible for
protection. If so, the team must then determine the
need for an Individualized Section 504 Student
Accommodation Plan to access his/her education.
The team’s decisions are documented and parents are
given a copy, along with a Statement of Parent and
Student Rights under Section 504.
What is a Section
504 Individualized
Accommodation
Plan (IAP)?
The Section 504 Individualized Accommodation Plan
(IAP) documents the specific accommodations or
supports the student needs to ensure that the
individual needs of the student with a disability are
met as adequately as the needs of non-disabled
students. THE COMPARISON IS TO AN AVERAGE
STUDENT IN THE GENERAL POPULATION. The
Section 504 plan is designed to provide appropriate
accommodations and support, not all of the supports
that would “maximize the student’s potential” or “the
best supports”.
The team makes in individual determination of the
Will every student
with a disability
under Section 504
have a Section 504
Individualized
Accommodations
plan?
student’s educational needs and the accommodations
and supports required. A Section 504 Plan must be
implemented in the Least Restrictive Environment.
Not necessarily. The student may be eligible, but may
not need accommodations or services.
Eligibility
cannot be made based on factors such as medication,
assistive devices such as hearing aids, or other
individual accommodation or supports for the
students.
The team must consider whether the
student would have a disability without these
“mitigating” factors.
A student who has been determined to be disabled
without the presence of “mitigating” factors may not
need a Section 504 Plan if these “mitigating” factors
allow access to the education setting.
Accommodations are adjustments that are designed to
What are
“accommodations”? lessen the impact of the student’s disability to provide
access to the school program. There is no standard
“list” of appropriate accommodations.
Accommodations should be developed individually for
each student.
How does the team
determine the
appropriate
accommodations
for a student?
Must the team
accept the doctor
or health care
provider’s
recommendations
for
accommodations?
There are a few important factors to consider when
considering what accommodations are necessary and
appropriate. At the end of this manual you will find an
appendix with ideas for classroom accommodations for
students who need them based on the types of plans
you may have.
No. While a doctor may be qualified to provide a
medical diagnosis, it is important to remember that a
doctor or medical provider’s recommendations are
suggestions to be considered by the team. The 504
Team must consider multiple sources of information to
determine whether the student has a disability under
Section 504 and to determine what accommodations
and supports, if any, are needed.
What is the
difference between
a Section 504 IAP
and an IEP?
An IEP (Individualized Education Program) is written
for a student who has disabilities under the Individuals
with Disabilities Education Act (IDEA). These students
must meet eligibility requirements for special education
services to be eligible for an IEP.
A Section 504 IAP is similar to an IEP, but is not as
detailed and does not address specialized instruction.
A student with a disability under Section 504 who does
not need special education services may need a Section
504 plan if the student needs accommodations or other
supports in the school setting in order to have equal
access to education.
How does the team
make the decision
about whether the
student has a
disability and/or
needs a Section 504
IAP?
When should the
student’s Section
504 IAP be
reviewed?
The team should reach a consensus. Voting as a
means of making this kind of decision is not
appropriate. If the parent does not agree with the
decision, the parent may pursue resolution options.
When should a
student’s eligibility
for Section 504 be
reevaluated?
If the district is considering a significant change in
placement then a reevaluation and review should be
conducted before that change. Otherwise, the team
should consider a reevaluation every three years to
determine whether or not the child still requires a
formal plan.
What is a
“significant change
in placement”?
A significant change in placement is a placement that
changes the nature, type or durations of the
educational program for the student. A minor change
in program such as a new teacher or moving to another
classroom at the same level, or moving to another
building in the same type of program would not be
considered a significant change.
The plan should be reviewed at least annually.
However, the team should consider meeting anytime
there is a schedule change or if the child begins to have
difficulty.
Significant changes in placement occur because the
student’s needs change or because the student has
engaged in conduct that results in a disciplinary
removal from school.
Are all suspension
and expulsions from
school considered a
significant change
of placement?
No, a suspension or expulsion of less than 10 days is
not considered a significant change of placement. A
suspension or expulsion of more than 10 school days
in a row would be considered a significant change of
placement. Shorter suspensions that add up to more
than ten school days may also be considered a
significant change of placement if there is a “pattern” to
the removals. “Pattern” is determined by looking at the
length of each removal, how close the removals are to
each other, and total amount of time removed.
How is a Section
504 student
protected from
Before the school implements a suspension or
expulsion that would be change in placement, the
school must hold a team meeting to do a manifestation
being suspended or
expelled for
conduct that is
related to the
student’s
disability?
review. The team considers:

Whether the student conduct was caused by or
had a direct and substantial relationship to the
student’s disability;
and
 Whether the student’s conduct was a direct
result of the school not implementing the
student’s IAP.
If the team concludes that either of these is true, then
the school may not impose the suspension or
expulsion. (However, the student may be disciplined
for a drug or alcohol related offenses to the same extent
as students without disabilities.)
If the team concludes that the conduct was not caused
by or directly related to the student’s disability and not
caused by lack of implementation of the IAP, the
student may be disciplined in the same manner as
student without disabilities.
Who should I
contact for more
information about
Section 504?
Each school has a Section 504 Coordinator. You may
also contact the District Section 504 Coordinator, or
the school’s principal or designee.
For more information contact:
Exceptional Student Education
Kristin Nori, District Section 504 Coordinator
Rock Hill Schools
Telephone: 803-981-1085
Facsimile: 803-981-1877
Section 504
Procedures Manual
Department of Exceptional Student
Education
Rock Hill Schools
SCHOOL FACILITY GUIDE
TO SECTION 504
Revised July 2014
IDENTIFICATION AND EVALUATION PROCEDURES
Rock Hill Schools has a responsibility to identify and evaluate those children who are
believed to qualify as disabled under Section 504.
Referral
Each school in the district has an Evaluation Review/Compliance Committee (ERCC) that
reviews student needs for special education services under IDEA and protection and
services under Section 504.
When there is reason to suspect that a student has a disability under Section 504 and is in
need of accommodations within the general education classroom, a referral can be initiated
by school personnel, the child’s parents or guardian, other concerned individuals, or an
adult student. Referrals can be made either orally or in writing. All referrals are
documented on the Comprehensive IDEA/504 Student Review/Referral form (CSR). This
form is used by the district to initiate Child Find activities for both IDEA and Section 504 to
the school’s ERCC team.
If the ERCC determines that there is a significant possibility that the student would qualify
as disabled under the Individual with Disabilities Education Act (IDEA) or under Section
504 the ERCC proceed with the referral as described below.
School Personnel Referral
The teacher or other concerned school personnel completes the CSR and turns it over
to the principal. The principal or designated Section 504 Coordinator meets with the
concerned teacher to review data and complete page the CSR. If the result of this
meeting is to pursue an evaluation either for IDEA or for Section 504, then the
referral continues as indicated later in the ERCC Team Description.
Parent Referral
If parent(s)/guardians make an oral or written request for referral, the school should
complete question one of the Comprehensive IDEA/504 Student Review/Referral
(CSR) form with direct input from the parent/guardian. If parent(s) make a referral
to a teacher or any other member of the school staff, the principal or designated
Section 504 Coordinator selected to receive referrals must be notified. The request
for an evaluation by a parent must be acted upon in timely manner (best practice
would suggest 10 days.) After the parent provides answers to question one of the
CSR, the remainder of the CSR must be completed by the school’s RTI team, and/or
the student’s classroom teacher (if the student has more than one teacher, other
appropriate school staff member). Best practice would suggest that the parent(s) be
invited to the ERCC Team meeting orally and in writing by the principal or designee.
A copy of the Section 504 procedural safeguards must be provided to the parent in
addition to an invitation to the ERCC meeting. This can be accomplished by giving
the parent a copy of the Section 504 Guide for Parents and Teachers.
Evaluation Review/Compliance Check (ERCC) Team
The following process is the same for both school personnel referrals and for parental
referrals. The ERCC team meets to consider the referral and document the date of
the meeting. Best practice suggests that the parent should be invited to the meeting.
Provision of a copy of the Section 504 Procedural Safeguards to the parent(s) must be
documented and maintained in the student records. For all referrals, the ERCC team
should be a multidisciplinary team may consist of the following members:
• Principal or designee
• School Psychologist
• Special education teacher
• General education teacher
• Guidance counselor
• School nurse
• Home/School Worker
• Referral source, except if inclusion of the referral source would breach the
confidentiality of the student
During the ERCC Team meeting, the committee should review information from a variety of
sources. The information reviewed should include information pertaining to the student’s
functioning in the school environment, and should include, as available and necessary: the
referral; educational records such as aptitude and achievement tests (as appropriate),
report cards and/or teacher recommendations; oral or written observations; evaluations of
adaptive behavior; social and cultural background; medical, psychological, and/or other
specialty reports; and parent information. In addition, the Vision, Hearing, Speech
screening may be useful, but not required. At this review, the ERCC Team may determine
one of the following options:
1) That an evaluation is not warranted at this time.
-or2) To participate in the school’s intervention program.
-or3) That the student should be evaluated for Section 504 eligibility. In this case, the
ERCC Team shall meet and complete the eligibility portion of the paperwork using
the Easy504 online program. https://go8.pcgeducation.com/scrockhill
-or-
3) That there is a need for an evaluation for special education services under the
Individuals with Disabilities Education Act (IDEA). In this case, the ERCC Team
also shall meet and develop an IDEA evaluation plan for the student using the
ENRICH IEP Program online.
Initial Eligibility Decisions
If, upon review of the 504 Referral Form and available information, the ERCC Team
determines that individual assessments should be conducted in order to determine
qualification under Section 504, the Initial Eligibility Meeting is to be scheduled. This
meeting is to reflect the recommendation that the committee will consider eligibility under
Section 504 based on evaluation data and/or current available data.
The ERCC Team shall complete a Section 504 Eligibility forms online on Easy504 for
students being considered as disabled under Section 504. The questions on these forms
will help teams document the following:

Concerns leading to the referral.

Identification of the physical or mental impairment(s):
 “Physical or mental impairment” means any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special sense organs;
cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic;
skin; and endocrine; or any mental
-or


or psychological disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disability.
The major life activity impacted by the impairment(s):

“Major life activity” includes but is not limited to: caring for oneself, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, working,
eating, sleeping standing, lifting, bending, reading, concentrating, thinking, and
communicating.

A major life activity also includes the operation of a major bodily function,
including but not limited to, functions of the immune system, normal cell
growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory,
endocrine, and reproductive functions.

An impairment that substantially limits one major life activity need not limit
other major life activities in order to be considered a disability.
Description of the impact of the student’s impairment on the identified major life
activity:

An impairment that is episodic or in remission is a disability if it substantially
limits a major life activity when active.

Individuals being considered for qualification under Section 504 should not be
penalized because they manage their own adaptive strategies or receive
accommodations (including informal or undocumented ones) that have
lessened the harmful impact of the disability. The determination of impact to
one or more major life activities must be made without regard to any effects of
mitigating measures which include, but are not limited to: medication, medical
supplies, equipment, low-vision devices*1, prosthetics, hearing aids and
cochlear implants or other implantable hearing devices, mobility devices,
oxygen therapy equipment and supplies, assistive technology, reasonable
accommodations, auxiliary aids or services; or learned behavioral or adaptive
neurological modifications. A student who is not disabled, but has a record of,
or is regarded as, disabled is protected under Section 504 insofar as an alleged
discriminatory action based on that history or perception. The fact that a
student has a “record of, or is “regarded as” having an impairment is
insufficient by itself to require a Section 504 plan.

Information provided and considered by the committee.

The committee’s determination of qualification.

A list of the committee members participating in the determination.
A copy of all eligibility forms (RHSD3 Referral (Form 1), 504 Eligibility Determination
Worksheet, 504 Accommodation Plan Determination Worksheet, and 504 Accommodation
Plan- if applicable), should be provided to the parent/guardian/adult student after the
meeting, along with a copy of the Procedural Safeguards (located on the “Document
Creation” page on the Easy504 program.
1
Note – Low-vision devices do not include ordinary eyeglasses or contact lenses. The ameliorative effects of ordinary eyeglasses or contact lenses may be considered
in determining whether the impairment substantially limits a major life activity. Ordinary eyeglasses are those that are intended to fully correct visual acuity or
eliminate refractive error: and low-vision devices are those that magnify, enhance, or otherwise augment a visual image.
SECTION 504 COMMITTEES (ERCC) AND SECTION 504
ACCOMMODATIONS PLANS
Section 504 Committee Membership (ERCC)
If the student qualifies as disabled under Section 504 and is then found to be eligible for a
504 plan, the student’s 504 team will develop a Section 504 plan. The Section 504 plan is
a statement of the required accommodations and services that RHSD will provide to a
student. Typically, the Section 504 committee is comprised of staff members who work
directly with, or supervise the student in the educational setting.
The Section 504 committee may include:





Principal or designated Section 504 Coordinator
School Psychologist (Initial Eligibility)
Special Education Teacher (Initial Eligibility)
Teacher(s) who are, or will be, working with the student (whenever possible, the
committee should include those persons who will be responsible for implementing
the proposed accommodations).
Other committee members such as the school nurse, the Home/School Worker, or
School Counselor, may be included as appropriate to the needs of the student.
The school is not required to include the parent in the development of the Section 504 plan,
but it is best practice to invite the parent to participate and provide input.
Plan Development:
The Section 504 committee reviews the specific needs of the student in the educational
setting and completes a Section 504 Individual Accommodations Plan. Accommodations
necessary to provide the student an equal opportunity to access programs and activities
and to demonstrate achievement are included in the Section 504 plan. The reasonable
accommodations shall:
•
Reflect the unique needs of the student.
•
Relate directly to the area of impairment.
•
Address only what is necessary to ensure that the student has the opportunity to
access programs and activities in the school setting.
•
Be specific enough in description to clearly indicate when and where the
accommodation(s) will be provided during the school day.
The focus is on reasonable accommodations. The Section 504 committee shall determine
whether the student that qualifies as disabled under Section 504 requires classroom
testing accommodations, and whether those accommodations should be provided for any
state and district-wide assessments. These decisions shall be recorded on the appropriate
Section 504 Individual Accommodations Plan form. Testing accommodations must be
consistent with the classroom instruction accommodations that are already part of the
student’s Section 504 plan.
If the student qualifies for a Section 504 plan due to an educational impact, a copy of the
Section 504 plan shall be provided to the parent following its completion. Parental consent
is not required prior to the provision of accommodations for a student. The principal or
designed building Section 504 Coordinator is responsible for adherence to the overall
procedures and implementation of a Section 504 plan.
It must be noted that a Section 504 Individual Accommodations Plan is not a
consolation prize for ineligibility for IDEA. The student must qualify as disabled as
defined under the Americans with Disability Act as Amended 2008 (ADAA) in order to
be protected under Section 504 and to qualify for a Section 504 Plan.
When a 504 plan is developed or updated, the following actions must occur:
1. The School 504 Coordinator is responsible for providing each individual working with
or supervising the student with a copy of the Section 504 plan. Each person
receiving the plan is expected to comply with the applicable components.
2. All ORGINIAL 504 paperwork, including the 504 Eligibility Forms and 504
Accommodation Plan, if applicable, must be sent to the District 504 Coordinator so a
district file can be developed or updated.
3. 504 eligibility and existence of a 504 plan, if applicable, must be entered into the
student’s PowerSchool profile.
The plan remains in effect as specified until either a new plan is developed, or the Section
504 committee determines through reevaluation that the student either no longer qualifies
as disabled or does not require reasonable accommodations under Section 504.
Plan Review and Revision:
The principal or designated building Section 504 Coordinator is responsible for
ensuring that 504 plans are reviewed at least annually or more frequently as
conditions warrant. The purpose of this review is to determine the appropriateness of the
plan and to make any needed modifications. The participants in the annual meeting
should be those individuals relevant to the discussion of the student’s accommodations. At
minimum, the committee must consist of at least one of the student’s teachers and a
principal or designated Section 504 Coordinator. It is best practice to invite the parent(s) to
the annual plan review.
If the previous Section 504 plan remains appropriate, a new Section 504 Plan can be
generated online by updating the demographic information, new plan dates, committee
members, along with a statement that the previous plan, dated XX/XX/XXXX, remains
appropriate and should continue to be implemented as written. All committee members
should sign the new plan.
If the committee determines that the existing plan requires modification, a new Section 504
Individual Accommodations Plan form must be completed.
Discipline Procedures:
The Section 504 committee shall convene to assess whether the behavior requiring
disciplinary action is a manifestation of the student’s disability when:

A decision is made to remove a 504-qualified student from school for more than
10 consecutive school days in a school year.

The 504-qualified student is subjected to a series of removals during a school year
that accumulates to more than 10 school days.
While not required, it is best practice to invite the parent to participate and provide input at
the manifestation determination review. The school may use the Section 504 Parent
Invitation form to notify the parent of the meeting. A copy of the Section 504 of the
Rehabilitation Act of 1973 Procedural Safeguards shall be included with the meeting
notification letter.
The Section 504 committee shall complete a Manifestation Determination Review-Section
504 form and forward it to the Superintendent’s Hearing Officer when there is a
recommendation for expulsion or exclusion:

If a student is qualified under Section 504 and there is a causal relationship
between the disability and the behavior resulting in disciplinary action, the
committee shall determine whether the student’s educational program should be
modified. If there is a causal relationship, then the student cannot be expelled.*

If a student is qualified under Section 504 and there is no causal relationship
between the disability and the behavior resulting in disciplinary action, the
student may be disciplined in the same manner as a nondisabled student,
including the cessation of services. Unlike disciplinary actions under IDEA, the
school district is not required to provide education services to Section 504
students who are expelled or suspended.

If a student qualified under Section 504 is receiving disciplinary action based on
the illegal use and/or possession of drugs or alcohol, and the individual is
currently engaging in the illegal use of drugs or alcohol, the Section 504 team is
not required to convene, reevaluate the student, or determine whether there is a
causal relationship between the behavior and the disability. Unlike disciplinary
actions under IDEA, the school district is not required to provide education
services to Section 504 students who are expelled or suspended.
Transfers
When a student transfers into a school and is qualified as disabled under Section 504, a
Section 504 committee in the receiving school shall review the existing 504 plan to
determine the plan’s appropriateness to the current educational setting. The Section 504
committee may decide to implement the plan as received, write a new plan more
appropriate to the current educational setting, or reevaluate the student in order to
consider if the student continues to qualify as disabled under Section 504.
Re-Evaluation Process
The Section 504 committee shall conduct a reevaluation of each student’s eligibility under
Section 504 if the district is considering a significant change in placement. A significant
change in placement is a placement that changes the nature, type or durations of the
educational program for the student. A minor change in program such as a new teacher or
moving to another classroom at the same level, or moving to another building in the same
type of program would not be considered a significant change.
Significant changes in placement occur because the student’s needs change or because the
student has engaged in conduct that results in a disciplinary removal from school. The date
of the student’s initial or most recent reevaluation of qualification as disabled under
Section 504 is documented on the 504 plan. Prior to a reevaluation date, information
should be collected from teachers and other school staff members who work with the
student for review at the reevaluation meeting. When the assessments, if any, have been
completed, the Section 504 committee will reconvene and consider continued qualification
under 504.
If the parent requests a Section 504 reevaluation, the Section 504 committee should meet
and consider the parent request and determine what assessments, if any, are required to
complete the reevaluation.
RECORDS
Forms documenting the referral, evaluation, qualification, and accommodation plan of a
student under Section 504 should be maintained in the student’s scholastic record. These
forms may include:
•
Comprehensive IDEA/504 Student Review
•
Parent Invitation to Section 504 Meeting.
•
Notice of Section 504 Committee (ERCC) meeting
•
Section 504 Committee Eligibility Worksheets
•
Section 504 Eligibility Criteria
•
Section 504 Plan with Reasonable Accommodations
•
Section 504 Manifestation Determination Hearing
If a student transfers to another public school within RHSD, the file is to be forwarded to
the new school in accordance with regulations. The student’s parent or guardian may
examine their child’s educational record upon request. The principal or designated
building Section 504 coordinator is responsible for keeping a record of those students for
whom a Section 504 plan has been developed, along with the anticipated review date for
each student’s 504 plan. The date of the 504 plan shall be entered in Power School or any
subsequent school-based information system, for each qualified student. This information
shall be reviewed and updated on or before the student’s birthdate.
COMPLAINT PROCESS
Section 504 complaints may include, but are not limited to, allegations of RHSD engaged in
discrimination against Section 504 students with disabilities by affecting their rights regarding
identification, evaluation, educational program or placement and accommodation. Parents may
initiate a complaint through the following processes.
Impartial Hearing
When a parent/guardian or adult student disagrees with the district’s decisions regarding the
Section 504 process, they are entitled to request a hearing conducted by an impartial hearing officer
from outside the school district. Questions regarding procedures to make such a request should be
directed to the RHSD Section 504 Coordinator or the Director of Exceptional Student Education.
Complaint Procedures
If parents do not wish to ask for an Impartial Hearing or are not satisfied with the results of an
Impartial Hearing for violations by RHSD under Section 504, then parents have the following
options:
1. Filing a complaint with the RHSD Section 504 Coordinator.
2. Filing a lawsuit in U.S. District Court, or
3. Filing a complaint with the Office Civil Rights (OCR) in the U. S. Department of Education.
Address for the office for Civil Rights in South Carolina’s region is:
Office for Civil Rights,
District of Columbia Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-1475
Telephone: (202) 453-6020
Facsimile: (202) 453-6021
Email: OCR.DC@ed.gov
504 PERSONNEL AND RESPONSIBILITIES
District 504 Coordinator
The general provision of Section 504/ADA, together with other federal nondiscrimination
laws, require the designation of a person to coordinate the district’s efforts to comply with
these laws.
The responsibilities of the district’s Section 504 Coordinator include:

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Serves as liaison between the school district and persons with diabling conditions
Keeps a copy of Section 504/ADA readily available and understands the
requirements and the intent of the law.
Ensures the district’s policy of nondiscrimination is prominently included in student
handbooks, bulletins, catalogs, booklets, announcements, brochures, student
application forms or other publications distributed to students, potential students,
parents, and any other persons benefiting from the district’s activities and programs.
Provides staff and parent awareness and training activities concerning Section 504
requirements.
Coordinates Section 504 procedures and oversees maintenance procedures for
referral procedures and district compliance for 504 student files/paperwork.
Establishes and monitors Section 504 referrals, identification, and review processes
and procedures, including annual notice and coordination with PowerSchool.
Implements Section 504 grievance procedures.
Keep copies of the grievance procedures and related forms available to students or
parents alleging discrimination.
Maintains data on compliance.
School 504 Coordinator
The role of the School 504 Coordinator is to assist the school in meeting requirements
under Section 504. Special education teachers CANNOT be used as School Section 504
Coordinators.
The School 504 Coordinator’s role includes within the school includes:
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Provides resources and help educators and administrators regarding their
responsibilities under Section 504
Coordinates the development, maintenance, and implementation of the 504 plans
Monitors all 504 plans and ensures implementation
Holds annual reviews on or before 504 plan due date
Continues to use the district’s medical/health forms for medication and other health
issues
Monitors 504 referral/identification/review process
Communicates 504 plans to all school teachers and staff, as necessary
Monitors confidentiality of records and student information
School 504 Team
The school 504 team has the responsibility of determining qualifications, appropriate
modifications, and related aids or services for the student. This team will be composed of
the School 504 Coordinator, possibly the school counselor, principal or designee,
parents/guardian, regular education teacher(s), professionals knowledgeable about the
student, and the student, when appropriate.
The function of the School 504 Team will be to consider the student’s qualifications, initial
placement program, services needed, conduct program reviews, and annually review the
student’s 504 program.
The responsibilities of the School 504 team include:

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Convenes on an “as need basis” at each school and reviews all requests for assistance
Reviews recent and relevant evaluation/screening information
Determines if the student is qualified under Section 504
Develops a 504 plan for eligible students in the general curriculum, including a
review of accessibility of facilities.
Refers the student to special education when the student appears to have a
handicapping condition and possible need for special education and related services
Recommends any modifications in the school’s disciplinary plan procedures which
might be needed due to the student’s handicapping condition
Reviews the student’s academic progress when the student is not making satisfactory
progress in the general curriculum or persistent behavior problems occur at school
Conducts a manifestation determination when (a) the student is being suspended
from school for more than ten (10) consecutive school days, (b) a series of
suspensions which would create a pattern of exclusions that constitute a significant
change in placement, or (c) the student is being expelled from school
Rock Hill Schools
Section 504: Notice of Rights of Students and Parents Under Section 504
Section 504 of the Rehabilitation Act of 1973, commonly referred to as “Section 504,” is a
nondiscrimination statute enacted by the United States Congress. The purpose of Section 504 is to
prohibit discrimination and to assure that disabled students have educational opportunities and
benefits equal to those provided to non-disabled students.
Parents and/or students are provided with the following rights through the implementing
regulations of Section 504 as set out in 34 CFR Part 104:
1. Your child as the right to an appropriate education designed to meet his or her individual
educational needs as adequately as the needs of non-disabled students. 34 CFR 104.33.
2. Your child as the right to free educational services; except for those fees that are imposed on
non-disabled students or their parents. Insurers and similar third parties who provide
services not operated by or provided by the recipient are not relieved from an otherwise valid
obligation to provide or pay for services provided to a disabled student. 34 CFR 104.33.
3. Your child has a right to participate in an educational setting (academic or nonacademic)
with non-disabled students to the maximum extent appropriate to his or her needs 34 CFR
104.34.
4. Your child as a right to facilities, services, and activities that are comparable to those
provided for non-disabled students. 34 CFR 104.34.
5. Your child has a right to an evaluation prior to a Section 504 determination of eligibility. 34
CFR 104.35.
6. You have the right to not consent to the school system’s request to evaluate your child. 34
CFR 104.35.
7. You have the right to ensure that evaluation procedures, which may include testing, conform
to the requirements of 34 CFR 104.35.
8. You have the right to ensure that the school system will consider information for a variety of
sources as appropriate, which may include aptitude and achievement tests, grades, teacher
recommendations and observations, physical conditions, social or cultural background,
medical records, and parental recommendations. 34 CFR 104.35.
9. You have the right to ensure that placement decisions are made by a group of persons,
including persons knowledgeable about your child, the meaning of evaluation data, the
placement options, and the legal requirements for least restrictive environment and
comparable facilities.
10. If your child is eligible under Section 504, your child has a right to periodic reevaluations,
including prior to any subsequent significant change of placement 34 CFR 104.35.
11. You have the right to notice prior to any actions by the school system regarding the
identification, evaluation, or placement of your child. 34 CFR 104.36.
12. You have the right to examine your child’s educational records. 34 CFR 104.36.
13. You have the right to an impartial hearing with respect to the school system’s actions
regarding your child’s identification, evaluation, or educational placement, with opportunity
for parental participation in the hearing and representation by an attorney. 34 CFR 104.36.
14. You have the right to receive a copy of this notice and a copy of the school system’s impartial
hearing procedure upon request. 34 CFR 104.36.
15. If you disagree with the decision of the impartial hearing officer (school board members and
other district employees are not considered impartial hearing officers), you have a right to a
review of that decision according to the school system’s impartial hearing procedures. 34
CFR 104.36.
16. You have the right to, at any time, to file a complaint with the United State Department of
Education’s Office of Civil Rights.
Roosevelt Freeman, Regional Manager
Office for Civil Rights; Region IV
U.S. Department of Health and Human Services
Sam Nunn Atlanta Federal Center, Suite 16T70
61 Forsyth Street, S.W.
Atlanta, GA 30303-8909
If you have questions, need additional assistance, or want more information regarding Section 504,
please contact Kristin Nori, the Rock Hill School System’s 504 coordinator at the following address:
Rock Hill Schools
P.O. Drawer 10072
Rock Hill, SC 29731
(803) 981-1085
knori@rhmail.org
NOTICE OF PARENTAL RIGHTS UNDER SECTION 504
Section 504 of the Rehabilitation Act is a non-discrimination statute barring discrimination on the
basis of one’s disability. Under this act, parents have the following rights:
1. The right to be informed of your rights under Section 504 of the Rehabilitation Act.
2. The right for your child to receive a free and appropriate public education.
3. The right for your child to have equal opportunities to participate in nonacademic and
extracurricular activities.
4. The right to receive notice with respect to identification, evaluation, placement and/or
services for your child.
5. The right to have evaluation, educational and service decisions made based on a variety of
information sources and by persons who know your child, the evaluation data, and service
options.
6. The right, if eligible under Section 504, for your child to receive modifications, and related
services to allow your child an equal opportunity to participate in academic, non-academic
and extracurricular activities.
7. The right for your child to be educated with non-disabled peers to the greatest extent
possible.
8. The right to an impartial hearing if you disagree with the school regarding your child’s
educational program, the right to appeal the hearing officer’s decision, and the right to be
represented by counsel.
9. The right to review and obtain copies of your child’s records.
10. The right to receive all information in your native language and primary mode of
communication.
11. The right to expect periodic reevaluations before any significant change is made to your
child’s program.
12. The designated school district Section 504 Compliance Officer for students is in the Office of
Exceptional Student Education.
IDEA and 504
Brief Overview of Differences
Purpose
Who is
protected?
Services
Requirements
for Delivery
of Services
IDEA
SECTION 504
A federal statute whose purpose is to
ensure a free and appropriate education
services for children with disabilities
who fall within one of the specific
disability categories as defined by the
law.
A broad civil rights law which protects
the rights of individuals with disabilities
in any agency, school or institution
receiving federal funds to provide
persons with disabilities to the greatest
extent possible, an opportunity to fully
participate with their peers.
Covers eligible students ages 3-21 whose
disability adversely affects the child's
educational performance and/or ability
to benefit from general education.
Covers all persons with a disability from
discrimination in educational settings
based solely on their disability.
Section 504 defines a person with a
disability as:
 Having a physical or mental
impairment which limits one or
more major life activity;
 Have a record of such an
impairment; or
 Are regarded as having an
impairment.
Provides individual supplemental
educational services and supports in
addition to what is provided to students
in the general curriculum to ensure that
the child has access to and benefits from
the general curriculum. This is provided
free of charge to the parent.
Requires schools to eliminate barriers
that would prevent the student from
participating fully in the programs and
services offered in the general
curriculum
Requires a written Individualized
Education Plan (IEP) documentation
with specific content addressing the
disability directly and specifying
educational services to be delivered,
mandating transition planning for
students 16 and over, as well as a
Behavior Intervention Plan (BIP) for any
child with a disability that has a
behavioral issue.
Does not require a written IEP but does
require a documented plan.
"Appropriate Education" means
comparable to the one provided to
general education students.
"Appropriate Education" is defined as a
program reasonably calculated to
provide "educational benefit" to the
student. Related services are provided as
required for the student to benefit from
the educational process and are aligned
with specially designed instruction (e.g.,
counseling, speech, transportation,
occupational and physical therapy, etc.)
Section 504 requires that reasonable
accommodations be made for the child
with a disability. Requires the school to
provide reasonable accommodations,
supports and auxiliary aides to allow
the child to participate in the general
curriculum.
Funding
Evaluation
Procedures
Provides additional funding to states for
eligible students
Does not provide additional funds.
Additionally, IDEA funds may not be
used to serve children found eligible
under section 504 only.
A full Multi-Factored Evaluation (MFE)
is required, using a variety of
assessment tools and strategies to
gather relevant functional and
developmental information, including
information provided by the parent that
may assist the team in determining
whether the child has a disability and
how it affects the child's educational
program.
Evaluation draws on information from a
variety of sources in the area of
concern. A group decision is made with
persons knowledgeable about the
student, evaluation data, and available
educational placement options. Written
consent is not necessary before
completing an evaluation; however,
notice must be provided to parent or
guardian.
Multiple assessment tools must be used
to assess the child in all areas of the
suspected disability.
Requires yearly reevaluations or
periodic review.
Written consent is necessary by parent
or guardian before an initial evaluation
is conducted
Requires a reevaluation every three
years by IEP team to determine if
services are still needed to address
student disability unless the parent and
other members of the IEP team agree it
is not necessary.
Reevaluation is not required before a
change of placement.
Independent
Evaluation
Procedural
Safeguards
Allows parents to request an
Independent Educational Evaluation
(IEE) at the school district's expense if
parent/guardian disagrees with the
evaluation obtained by the school
district. The Independent Evaluator
must meet the same criteria as the
district requires for their employees and
must be approved by all parties.
Does not allow independent evaluations
at the district's expense or the ability to
request an independent educational
evaluation.
Requires written notice to
parent/guardian prior to identification,
evaluation and/or placement of child.
Does not require written notice.
Changes of services or placement must
have written notice before any change
can take place. Requires due process
rights to be followed at all times and
manifestation determination hearing for
discipline procedures.
For any child with behavioral concerns a
Functional Behavior Assessment (FBA)
must be completed and a Behavior
Intervention Plan (BIP) written to assist
student in learning appropriate
Requires notice before a "significant
change" in placement — requires due
process rights if referred for formal
evaluation under IDEA, and the team
determines not to evaluate.
behaviors and providing supports to
enable student to be successful in their
learning community.
Placement
Decisions
Requires district and schools to use
information from a variety of sources.
Consider all documented information
and use a team approach to make
eligibility decisions. Team members are
identified under IDEA and must be
knowledgeable about the child,
evaluation data, and the continuum of
placements and services available.
Requires that student receives a free and
appropriate education with his/her nondisabled peers in the least restricted
environment.
IEP meeting is required before any
change in placement or services is made.
Students are eligible for a full
continuum of placement options
including regular education with related
services as needed.
Due Process
Requires district to provide resolution
sessions and due process hearings for
parents/guardians who disagree with
identification, evaluation,
implementation of IEP or students Least
Restricted Environment (LRE)
placement.
Requires district and schools to use
information from a variety of sources.
Consider all documented information.
Use a team approach to make eligibility
decisions, with team members being
knowledgeable about the child,
evaluation data, and the continuum of
placements and services available.
The student must receive a free and
appropriate education with his/her
non-disabled peers.
Meeting is not required for a change of
placement. Students are served in
general education with or without
modification. Possible accommodations
under a 504 plan could be:
Structured learning environment
Repeated or simplified instructions
Behavior management or intervention
strategies
Modified testing procedures- small
group; oral testing; extended time; test
read to student.
Tape recorders, spell checkers,
calculators, computers, word processor,
etc.
Modified or adjusted homework,
workbooks, second set of textbooks.
Textbooks on tape
etc. (many accommodations and
modifications used on an IEP can be
included in a 504 accommodation plan)
Requires districts to provide a grievance
procedure for parents, and students
who disagree with identification,
evaluation, implementation of IEP or
students Least Restricted Environment
(LRE) placement. A grievance procedure
must be provided to parents and
employees to follow and a 504
coordinator identified in the district to
assist individuals as needed.
Due process hearing not required before
Office of Civil Rights (OCR) involvement
or court action unless student is also
covered by IDEA.
Compensatory damages possible.
Source: www.ncld.org; 2014
Section 504 FACT Sheet
Section 504 is designed to eliminate discrimination against any student with a disability in any
program offered by the school division.
Who is Covered:
Any student who has, 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.
What is Required:
 Qualifying students must have an opportunity to access all activities and programs, and
cannot be denied participation because of their disability.
 Qualifying 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 schools, a Section 504
committee at the receiving school should convene and review the Section 504 plan to
determine if it is appropriate for the current educational environment.
Qualifying Factors:
 The Section 504 Committee (ERCC) determines initial Section 504 qualification.
 The 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 Plan:
 A Section 504 Committee composed minimally of the principal or designated Section 504
Coordinator and a teacher of the student develops the 504 Plan for qualified students.
 The parent is invited, but does not have to attend or approve of the plan.
 The Section 504 Plan 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 Section 504 committee must meet at least once a year to review the Section 504 Plan.
 The Section 504 Committee determines if the student no longer qualifies as disabled under
Section 504.
Disciplinary Protections:
 The Section 504 Committee must conduct a causal review following a decision to remove a
student from school for more than 10 days in a school year.
 If there is no causality, the student may be disciplined in the same manner as a non-disabled
student, including cessation of educational services.
 Causality determination is not required if the student is engaging in the illegal use of drugs
or alcohol, and is being disciplined for the use or possession of illegal drugs or alcohol.
Procedural Safeguards:
 Parents and qualified students are entitled to certain procedural safeguards.
 Inquiries may be directed to Due Process and Eligibility for Section 504. (803-981-1085)
504 Frequently Asked Questions
Q. What is Section 504?
In 1973 when the Rehabilitation Act was passed, the intent was to encourage participation and
equal access to federally funded programs by the disabled. As applied to schools, the language of
the Act broadly prohibits the denial of public education participation, or enjoyment of the benefits
offered by public school programs because of a child’s disability. The law was enacted to “level the
playing field” for disabled students.
Q. Who is covered under Section 504?
A student “qualifies” if he or she has a mental or physical impairment which substantially limits
one or more major life activities. The list of major life activities is not exhaustive, but includes
functions such as seeing, hearing, learning, breathing, walking, speaking, ability to care for oneself,
performing manual tasks, sleeping, standing, lifting, bending, speaking, reading, concentrating,
thinking, communicating, and working. Major life activities also include the operation of a major
bodily function including but not limited to: functions of the immune system, normal cell growth,
digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive
functions.
Q. Does Section 504 qualification occur only after an evaluation?
Yes. However, “evaluation” does not necessarily mean a formal test or assessment. The evaluation is
the process of gathering information from a variety of sources to help the team make a
determination regarding qualification. If the team believes a formal test/assessment is required
prior to making a determination, then “best practice” would be to get parental consent.
Q. What team determines whether a child qualifies under Section 504?
In Rock Hill Schools, the ERCC Team makes the initial qualification determination. A Section 504
Committee continues the process of reviewing the plan and of reevaluating the student for
continued eligibility for Section 504 procedural protection and a Section 504 Plan.
Q. What happens if a child is entitled to Procedural Protections under Section 504 and is
qualified for a Section 504 Plan?
A Section 504 Plan is developed to document reasonable accommodations that are necessary for
that student.
Q. What team develops a Section 504 Plan?
A 504 Plan is developed for a student by a Section 504 committee within the student’s school.
Minimally, this is a team composed of a principal or designee, and at least one teacher of the
student. The parent is not a required member of the team, but it is best practice for the parent to be
involved in the discussion regarding accommodations.
Q. What goes into a Section 504 Plan?
A Section 504 Plan should include only those reasonable accommodations and modifications to the
regular classroom or educational environment that are required for the student to have equal
access to the educational benefits of the school program.
Q. How often should the Section 504 Plan be reviewed?
The Section 504 Plan should be reviewed at least annually.
Q. What happens if a student no longer requires accommodations in the school setting?
The Section 504 committee can meet at any time and make a determination
that accommodations can be added, reduced, or eliminated altogether. However, a student can
remain entitled to Procedural Protections under Section 504 and not qualify for a Section 504 Plan.
Q. In the discipline process, must a school conduct a causality hearing for a Section 504
entitled student who is being suspended for more than 10 consecutive school days in a
school year or a series of suspensions that total more than 10 school days in a school year?
Yes. The Section 504 committee must convene to conduct a causality determination. The one
exception is if the student is a current user of illegal drugs or is currently using alcohol and is being
disciplined for the use or possession of illegal drugs or alcohol. No causality determination is
required in this case.
Q. Are there procedural safeguards?
Yes. Procedural safeguards are provided to parents at several points during the process. They are
provided prior to initial evaluation, during reevaluation, with the Section 504 Plan, and during any
disciplinary action that may require a causality meeting.