Section 504

An impairment as used under Section 504 may include any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning, behavior or health related condition. There is no list of eligible or ineligible disabilities. However, examples include: AD/HD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette’s Syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders, and temporary disorders such as broken limbs.

As a parent or legal guardian, you have the right to:

First and foremost, discuss your concerns with your child’s classroom teacher. He or she may be able to reassure you that your child is making appropriate progress. If you continue to be concerned about your child’s progress, contact your child’s assistant principal in writing, expressing your concerns. All referrals are processed through the Student Success Team (SST). The SST will meet and recommend intervention strategies for the classroom teacher to use in order to help your child. Based on the results of these interventions, your child may or may not be referred on to dyslexia testing, Section 504 or Special Education.

Many people have impairments. An impairment is only considered a disability under Section 504 when it reaches the level that it is limiting a major life activity.

According to the federal regulations: “…placement decisions are to be made by a group of persons who are knowledgeable about the child, the meaning of the evaluation data, placement options, least restrictive environment requirements, and comparable facilities” [34 C.F.R. §104.35(c)(3)]. Unlike Special Education, the federal regulations for Section 504 do not require or even mention that parents are to be a part of the decision-making committee. In Conroe ISD, parents are notified of meetings, but are not required members of the committee.

A major life activity is an activity that is of central importance to the daily life activity of the average person in the general population. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. It also includes the operation of a major bodily function.

Although not defined in the regulations, OCR has interpreted it to mean “unable to perform a major life activity that the average person in the general population can perform; or restricted as to the condition, manner, or duration under which an individual can perform a major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.”

A qualified individual with a disability under Section 504 is an individual with an impairment that substantially limits a major life activity.

No, each decision on eligibility is made on an individual basis.

Anyone may refer a child for evaluation. However, the school district also must suspect that the child is in need of services (OCR Memorandum, April 29, 1993) to conduct a Section 504 evaluation.

In Conroe ISD, each campus has a Student Assistance Team, which will meet and discuss the concerns. The committee is comprised of regular education teachers, an administrator, counselors and specialists, as necessary.  The committee will review information about the student (teacher observations, grades, attendance, STAAR scores, discipline records, medical reports, etc.) and may make recommendations for intervention in the classroom. Depending on the outcome of these interventions, the committee may recommend continuation of these interventions, or further evaluation under Section 504 or Special Education.

Students that have dyslexia may qualify for 504 or Special Education Services.

Section 504 committees must consider information from a variety of sources, including medical information provided by a physician. However, a doctor’s note alone cannot be the basis of eligibility for Section 504.

Students with disabilities are allowed the same opportunity to participate in Pre-AP and AP classes as their non-disabled peers. In order to receive an accommodation in an advanced class, the student must be eligible to receive the accommodation in a regular class. For example, if the student needs the use of an electronic keyboard in a regular class setting, the student would also be allowed to use an electronic keyboard in an advanced class. Conversely, if a student does not needed additional time to complete tests in a regular class, but needs additional time to complete tests in an advanced class, the student could not receive the accommodation. One other factor to be considered when determining appropriate accommodations is the unique nature of advanced classes. If the accommodation would alter the content or academic standards of the Pre-AP or AP class, it would not be allowable in the advanced class. Reduced assignments would be an example of an alteration of content.

You have several options. First and foremost,     we would encourage you to communicate any problems you have with the campus your child attends. Each campus has one or more assistant principals who are responsible for Section 504. If you would prefer, you may also speak with the campus principal. If you are not satisfied with the outcome at the campus level, you may contact the district Section 504 coordinator at 936-709-7741. She will listen to your concerns, review the situation and offer advice. Parents also have the right to request a hearing before an impartial hearing office. Your notice of rights has more information regarding this. You may also file a complaint with the Office of Civil Rights at 214-661-9600 at any time.

Not necessarily. Remember, you must apply through the organization that provides the testing well in advance of registration deadlines. The school counselor can assist you and your child, but you must initiate the process. In addition, testing organizations have very strict requirements regarding the diagnosis of the disability. It is not uncommon for the documentation that is required by the school for Section 504 eligibility to be different than the documentation that the testing organization requires. The school district is not required to pay for or provide this testing unless it is necessary in order to provide services in the classroom, therefore you may be required to obtain additional testing at your own expense. For specific information on the process and requirements, visit the links to the College Board website and ACT website in the “Postsecondary Resources” document located under the “Additional Resources” section of this website.

Not necessarily. Eligibility must be reestablished at every meeting. In some situations, children no longer are eligible for Section 504 because an injury or illness has been cured. In other cases, a student will learn to compensate for difficulties due to an impairment and no longer meet eligibility requirements. This change in eligibility should be looked at in a positive way, and not looked at as a “bad” thing or a “taking away” of support.

Not necessarily. Although most colleges must comply with Section 504 and the ADA, there are several differences in eligibility and services that a student may receive. It is important to be aware that the bulk of responsibility is on the student at the college level, so self advocacy is an important skill for your child to learn before he or she leaves high school. One difference is in what is called “child find.” Public schools are required to locate and identify students who have disabilities. In contrast, at the college level, students with disabilities are required to approach the college to request accommodations. In addition, any testing required to substantiate the disability must be provided by the student at student expense. After receiving notification of disability, the college reviews any information provided and determines what accommodations the student will receive. Accommodations are usually less extensive than those on a high school Section 504 plan. Typical accommodations found at college are the opportunity to register early, maintain a reduced course load or time extensions on tests. It would be rare to receive accommodations such as time extensions on assignments, no penalty for spelling errors or notification of missing assignments.  Due to the differences in the process to obtain accommodations and available services among colleges, it is important to investigate each college your child is interested in attending early in the college application process.