Section 504 Frequently Asked Questions
What is Section 504?
Section 504 is a federal civil rights law that is designed to eliminate disability discrimination in programs and activities that receive federal funds. Since all public school districts must comply with Section 504, denying a disabled student a free appropriate public education (FAPE) is disability discrimination. A school-aged student is considered a disabled student under Section 504 for the purposes of FAPE if the student has a physical or mental impairment that substantially limits one or more major life activities.
What is Free Appropriate Public Education under Section 504?
A free appropriate public education (FAPE) is an education that is designed to meet a disabled student’s individual educational needs and is based upon procedures that satisfy Section 504’s identification, evaluation, placement, and due process requirements. An appropriate education can consist of education in regular classes, education in regular classes with related aids or services, special education, or a combination of such services. Related aids and services include but are not limited to the following: school health services; counseling; environmental, instructional and behavioral accommodations; and transportation.
What does “Appropriate” Mean?
Under Section 504, appropriate means that it is designed to meet the individual educational needs of a disabled student as adequately as the needs of non-disabled students are met. A district must provide sufficient individualized services to ensure a disabled student receive educational benefit.
Who Can Refer a Student for a Section 504 Evaluation?
Any person can refer a student for evaluation under Section 504. Parent(s)/guardian(s) and school staff should refer a student for evaluation if they suspect that, due to a disability, the student needs special education or related aids or services to participate in or benefit from a district’s educational program.
What Should a District Do When It Receives a Section 504 Referral?
After receiving a Section 504 referral, a district should decide whether to evaluate the student and must notify the student’s parent(s)/guardian(s) of its decision.
What is an Evaluation under Section 504?
Evaluations under Section 504 are individually designed and may be broad (including aptitude and achievement data, medical and psychological data, social and cultural information, and more) or narrow (medical data). A Section 504 evaluation may be conducted by a district or conducted by an outside agency and reviewed by a district. It is the responsibility of a district to determine the scope of each student’s Section 504 evaluation. A district must obtain parent/guardian consent before a student’s first evaluation and first placement on a Section 504 Plan.
What is a Section 504 Plan?
A Section 504 Plan describes the educational and related aids or services that a district determines a disabled student needs to receive FAPE. The content of a Section 504 Plan may change within a school year or between school years if the student’s needs and services change. A district must provide the services identified in a student’s Section 504 Plan.
What is a Section 504 Team?
A Section 504 team makes decisions regarding the evaluation and placement of students under Section 504. A team must consist of at least two people and include people who are knowledgeable about the student. Parent/guardian should be included on the team after district determination of Section 504 eligibility.
What Due Process Rights Do Parents/Guardians have under Section 504?
Under Section 504, a district must notify a student’s parent/guardian before taking any action regarding the identification, evaluation, or placement of a child and parent/guardian has the opportunity to challenge the action if they disagree. District action includes the decision not to evaluate or deny placement of a student. Due process rights include prior written notice of any action, right to inspect records, impartial hearing with a right to representation by counsel, and a review procedure.
If a parent/guardian disagrees with a Section 504 Plan or has a grievance with accommodation implementation, he/she may do the following:
- Contact the school’s/student’s counselor or the school’s administrator. For a listing of school counselors by building, visit: www.dbqschools.org/section-504-building-contacts
- Contact the Dubuque Community School District Section 504 District Coordinator. The person in the Dubuque Community School District who coordinates compliance with Section 504 matters is: Hannah Porcic, Lead Nurse 2300 Chaney Road, Dubuque, IA 52001-3095 P: 563/552-3084 F: 563/552-3102 hporcic@dbqschools.org
- If resolution is not a result or at any point in time, parent/guardian may contact the Area Education Agency (AEA) for mediation. Parents and guardians are encouraged to resolve issues concerning Section 504 without first resorting to formal hearings and civil suits. The Area Education Agency (AEA) provides an informal resolution-to-conflict with the assistance of a trained mediator. For information on the AEA mediation process, visit: educateiowa.gov/pk-12/special-education/dispute-resolution/aea-mediation-process-dispute-resolution