Special Education

Special Education
Legal Updates

Information for Parents Regarding Section 504 of the Rehabilitation Act Of 1973

Section 504 is an Act that prohibits discrimination against persons with a disability in any program that receives federal insurance assistance. The Act defines a person with a disability as anyone whom:

Has a mental or physical impairment that substantially limits one or more major life activities (major life activities include activities such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working).
Has a record of such impairment
Is regarded as having such an impairment

In order to fulfill its obligations under Section 504, the South Central Board of Cooperative Educational Services recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability will knowingly be permitted in any of the programs and practices of the school system.

The district has specific responsibilities under the Act, which include the responsibility to identify, evaluate, and, if the student is determined to be eligible under Section 504, to afford access to appropriate services.

If the parent disagrees with the determination made by the professional staff of the school district, he/she has a right to a hearing with an impartial hearing officer.

The Family Education Rights and Privacy Act (FERPA) also specifies rights related to educational records. This Act gives the parent or guardian the right to:

Inspect and review his/her child's educational records
Make copies of these records
Receive a list of all individuals having access to those records
Ask for an explanation of any item in these records
Ask for an amendment to any report on the grounds that it is inaccurate, misleading, or violates the child's rights
A hearing on the issue if the school refuses to make the amendment.

If there are questions, please feel free to contact the Section 504 Compliance Coordinator (the SPED Director) at (719) 647-0023.

What are some differences between Special Education and Section 504?

	Section 504	Special Education
Type	A Civil Rights Act	An education act
Funding	Local funding	State-federal local funding
Administration	Section 504 Coordinator	Special Education Director
Service Tool	Accommodations or services	Individualized Education Program
Disabilities	All disabilities if eligible	13 federal disabilities
Parents	Should be involved in all team meetings	Should be involved in all team meetings
Procedural Safeguards	Notice to parents is required	Parent consent and notice required for initial evaluation and placement
Evaluation and Eligibility	An evaluation is necessary before it can be determined if a child is eligible for Section 504 Services.	An evaluation is necessary before it can be determined if a child is eligible for special education.

What does making accommodations mean?

Accommodations are adjustments or modifications made by the classroom teacher(s) and other school staff to help students benefit from their educational program to the same degree that non-disabled students benefit. In some cases, a plan should be developed outlining services and accommodations.

Examples of Common Accommodations:

Modify of assignments and tests
Provide an extra set of textbooks for home
Adjust student seating
Use study guides, organizing tools
Provide a peer tutor/helper
Counseling
Have the student use an organizer - train in organizational skills
Preferential seating
Modify recess/PE/transportation

Accommodations need to take into account both the functional limitations of the individual and the alternative methods of performing tasks or activities to enable participation.

Accommodations must be individualized
The individual needs of the person with a disability should be met to the same extent as the needs of persons without disabilities.
Modifications can be made to school and/or classroom programs.
Accommodations should place the student with a disability at an equal starting level with the non-disabled student.

What are the school district responsibilities under Section 504?

There has been much confusion over the years regarding the relationship between Section 504 and special education laws and regulations. It must be emphasized that Section 504 falls under the management responsibility of the general education program. The school, staff, and parents need to work in collaboration to help guarantee that the student is provided with the necessary accommodations and services.

To be in compliance with Section 504, schools must:

Provide written assurance of nondiscrimination
Designate a 504 coordinator
Provide grievance procedures to resolve complaints
Provide notice of nondiscrimination in admission or access to its programs or activities. Notice must be included in a student/parent handbook
Annually identify and locate all qualified children with disabilities who are not receiving public education.
Annually notify persons with disabilities and their parents or guardians of the district's responsibilities under Section 504
Provide parents or guardians with procedural safeguards
Conduct a self-evaluation of school district policies, programs, and practices to make sure discrimination is not occurring.

What are the roles and responsibilities of the Department of Education and the Office for Civil Rights?

The U.S. Department of Education is the agency of the U.S. Government that administers federal funds for education programs, conducts and disseminates education research, focuses national attention on issues and problems in education, enforces federal statutes prohibiting discrimination in any activities receiving federal funds, and ensures equal access to education for every individual. The U.S. Department of Education maintains Regional Civil Rights Offices to enforce Section 504 and other civil rights laws. All parents have the right to directly contact the Office of Civil Rights in Denver, Colorado if they believe their child is being discriminated against based upon his/her disability. Most differences with schools can be resolved before contacting the Office for Civil Rights. It is suggested you follow the procedures outlined below:

First, try to resolve the differences at the teacher or school level. Set up a meeting to discuss your differences. If unsuccessful, set up a meeting with the school district's Section 504 Coordinator.
If unsuccessful, contact a local parent advocacy group.
If that is unsuccessful, ask for mediation. This is a free service for parents. A neutral individual will work with you and the school to help resolve your differences.
If unsuccessful, ask the Section 504 Coordinator how to file a grievance.
If still unsuccessful, call the Office of Civil Rights in Denver to express your concerns.

Back