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Section 504 is a federal civil rights law designed to eliminate disability discrimination in programs and activities that receive federal funds. Since all public school districts receive federal funds, including Burrillville School District, we must comply with Section 504 requirements.
The law states that "No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his 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." Under Section 504, denying a student with a disability a free appropriate public education constitutes disability discrimination.
Section 504 is very broad in its coverage. It protects children who qualify for special education services under IDEA, and it also protects children who are not eligible for special education but still need accommodations to access their education on equal terms with their peers.
Understanding who qualifies for Section 504 protection requires knowing that there are actually three different ways a student can be considered to have a disability under this law. A student qualifies for Section 504 protection if they meet any one of these three criteria:
First, a student may have a physical or mental impairment that substantially limits one or more major life activities. This is the most common way students qualify for services.
Second, a student may have a record of such an impairment. This protects students who previously had a disability but may no longer have it, ensuring they aren't discriminated against based on their history.
Third, a student may be regarded as having such an impairment. This protects students who may not have a formally diagnosed disability, but are treated as if they do.
When we talk about physical impairments, we mean physiological disorders or conditions that affect body systems. These include conditions affecting the neurological system (like epilepsy), musculoskeletal system (like muscular dystrophy), respiratory system (including speech disorders), cardiovascular system, digestive system, or endocrine system (like diabetes). Physical impairments also include cosmetic disfigurement or anatomical loss.
Mental impairments include any mental or psychological disorder, such as intellectual disabilities, emotional or mental illness, ADHD, anxiety disorders, and specific learning disabilities like dyslexia.
The federal regulations intentionally don't provide an exhaustive list of specific diseases and conditions because it would be impossible to ensure such a list was complete. Instead, the focus is on how the impairment affects the individual student.
Major life activities include basic functions that most people perform without difficulty. These include caring for oneself, walking, seeing, hearing, speaking, breathing, learning, reading, concentrating, thinking, communicating, eating, sleeping, standing, lifting, and bending. This list is not exhaustive - other activities can also be considered major life activities.
The law also recognizes that major bodily functions are major life activities. These include functions of the immune system, normal cell growth, and the digestive, bowel, bladder, neurological, brain, respiratory, circulatory, and endocrine systems.
For a student to qualify for Section 504 services, their impairment must "substantially limit" one or more major life activities. This determination must be made on a case-by-case basis by a knowledgeable team of people who understand both the student and the meaning of evaluation data.
Importantly, since January 1, 2009, schools cannot consider the positive effects of mitigating measures when determining if an impairment substantially limits a major life activity. This means that if a student uses medication, hearing aids, assistive technology, or other aids that help them function, the school must evaluate their disability as if they weren't using those aids. The one exception is ordinary eyeglasses or contact lenses that fully correct vision - these can be considered when making the determination.
Temporary impairments generally do not constitute disabilities under Section 504 unless they are severe and last for an extended period. The law specifically states that transitory impairments lasting six months or less cannot qualify someone as "regarded as" disabled.
Episodic conditions or conditions in remission can still qualify as disabilities if they would substantially limit a major life activity when active. For example, a student with epilepsy that is well-controlled with medication would still be considered to have a disability because the epilepsy would substantially limit major life activities if it were active.
Current illegal drug use disqualifies a student from Section 504 protection, though there are exceptions for students who are in rehabilitation programs and no longer using illegal drugs. However, students who use alcohol are not excluded from Section 504 protection, although they can be disciplined for alcohol use just like any other student.
Section 504 requires that schools provide qualified students with disabilities a free appropriate public education, which we call FAPE. Understanding what FAPE means is crucial for parents because it defines exactly what your child is entitled to receive.
FAPE consists of regular or special education and related aids and services that are designed to meet your child's individual educational needs as adequately as the needs of students without disabilities are met. This means the goal isn't to provide the best possible education, but rather to provide an education that meets your child's needs to the same extent that the school meets the needs of students without disabilities.
Your child's FAPE might include regular classroom instruction with accommodations, special education services, related services like speech therapy or counseling, or a combination of these approaches. The specific services depend entirely on your child's individual needs.
Schools must also provide equal access to all district programs and activities. This means your child with a disability must have the same opportunities to participate in academic programs, nonacademic services, and extracurricular activities as students without disabilities.
A 504 plan is a written document that describes your child's disability-related needs and explains exactly how the school will meet those needs. Think of it as a roadmap that ensures all of your child's teachers and school staff understand what accommodations and services your child requires.
Accommodations are changes in how your child accesses information or demonstrates learning. Examples include extended time on tests, preferential seating near the teacher, frequent breaks during long tasks, or changes to the classroom environment to reduce distractions.
Assistive technology includes tools that help your child access the curriculum or communicate effectively. This might include text-to-speech software, audiobooks, tablets or computers, magnification devices, or noise-canceling headphones.
School services encompass a wide range of supports that the school can provide. These might include nursing services for students with medical conditions, physical or occupational therapy, counseling services, or transportation accommodations.
Before your child can receive services under Section 504, the school must conduct a comprehensive evaluation. This evaluation process is designed to ensure that students aren't misclassified or inappropriately placed based on inadequate or biased assessment procedures.
The evaluation must be conducted by a multidisciplinary team that includes people who are knowledgeable about your child and understand the meaning of the evaluation data. This team must gather information from a variety of sources to minimize the possibility of error. These sources may include aptitude and achievement tests, teacher recommendations, information about your child's physical condition, social and cultural background, and adaptive behavior.
All evaluation materials must be validated for the specific purpose for which they're being used and must be administered by trained personnel. Tests must be selected and given in a way that accurately reflects your child's abilities rather than reflecting their disability, unless the disability itself is what's being measured.
The team conducting the evaluation must have enough information to make a knowledgeable decision about whether your child has a disability and, if so, what services they need. The law prohibits making decisions based on presumptions or stereotypes about people with disabilities.
Section 504 requires periodic re-evaluation of students receiving services. This typically follows the same schedule as IDEA, which requires re-evaluation at least every three years unless you and the school agree it's unnecessary. Re-evaluation might occur more frequently if conditions warrant it or if you or your child's teacher requests it.
The school must also conduct a re-evaluation before making any significant change in your child's placement. The Office for Civil Rights considers exclusion from school for more than ten days, transferring from one type of program to another, or terminating or significantly reducing a related service to be significant changes in placement.
Many parents find the distinction between 504 plans and Individualized Education Programs (IEPs) confusing, but understanding the difference is important because it affects what services your child receives and how those services are provided.
A 504 plan provides accommodations and modifications to help your child access the general curriculum on equal terms with their peers. Students with 504 plans typically don't need specialized instruction but do need changes in how they receive or demonstrate their learning. For example, a student with ADHD might need extended time on tests and preferential seating but can otherwise access the same curriculum as their classmates.
An IEP, on the other hand, provides specialized instruction and related services for students who need specially designed instruction to meet their educational needs. Students with IEPs require individualized teaching methods, materials, or settings that are different from what typical students receive. IEPs include specific, measurable goals and detailed plans for achieving those goals.
The fundamental difference is that 504 plans are about equal access to existing programs, while IEPs are about providing specialized education that's different from what other students receive. A student cannot have both a 504 plan and an IEP at the same time. If your child qualifies for special education under IDEA, they must receive an IEP rather than a 504 plan.
Any concerned person can make a referral for a Section 504 evaluation. This includes you as a parent or guardian, your child's teachers, other school staff members, or third parties such as doctors or therapists who work with your child.
To begin the process, contact your school's principal or Section 504 Coordinator to request referral forms. You can also access the referral form here: 504 REFERRAL FORM. Once you complete and submit the referral, the school will review it and determine whether an evaluation is appropriate.
If the school determines that an evaluation is needed, they will assemble a 504 team to conduct the evaluation. This team will gather information from multiple sources, analyze the data, and meet to determine whether your child qualifies for Section 504 protection. If your child qualifies, the team will develop a 504 plan that addresses their specific needs.
The district will respond to your referral within a reasonable time and complete evaluations promptly. While Section 504 doesn't specify exact timelines like IDEA does, schools are expected to act without unnecessary delay.
As the parent of a child who may qualify for Section 504 protection, you have extensive rights designed to ensure your meaningful participation in decisions about your child's education.
You have the right to have your child evaluated for Section 504 eligibility at no cost to you. The school must obtain your informed written consent before conducting an initial evaluation. If you refuse consent and the school believes your child needs evaluation, they may use due process procedures to seek to override your refusal.
You have the right to be notified of all decisions regarding your child's eligibility for Section 504 services and the content of any 504 plan developed for your child. This notification must explain the decision and inform you of your right to review educational records and appeal decisions.
You have the right to participate meaningfully in meetings about your child's evaluation, eligibility, and services. This means meetings should be scheduled at times when you can attend, and you should receive information in a language you understand.
You have the right to access all of your child's educational records and to request that the school amend records you believe are inaccurate or misleading.
If you disagree with any decision the school makes regarding your child's evaluation, eligibility, or services, you have the right to request a due process hearing. This is an impartial proceeding where you can present your case and challenge the school's decision.
You also have the right to file a complaint with the Office for Civil Rights at the U.S. Department of Education if you believe the school has discriminated against your child based on their disability.
Complete procedural safeguards information is available in our Procedural Safeguards document.
For questions about Section 504 or to request a referral for evaluation, contact your school's principal.
For district-level Section 504 questions or concerns, contact the Director of Pupil Personnel Services at 401-568-1301 ext. 3.
Staff Training Materials:
Parent Training and Information Center:
Rhode Island Parent Information Network (RIPIN) - Rhode Island's federally funded parent training and information center
Federal Resources:
Section 504 FAQ from the Department of Education - Comprehensive federal guidance
Disability and Learning Resources:
Understood.org - Comprehensive information about learning and thinking differences
Legal References:
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)
Title II of the Americans with Disabilities Act
34 CFR Part 104 (Section 504 implementing regulations)
Americans with Disabilities Act Amendments Act of 2008