To earn this microcredential you will collect and submit three sets of evidence demonstrating your understanding and implementation of the requirements of Section 504 law. You will also complete a written or video reflective analysis.

Section 504 is a federal civil rights law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the United States Department of Education (34 CFR Part 104 https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html) The Office for Civil Rights of the U.S. Department of Education states, "No otherwise qualified individual with a disability in the United States...shall, solely by reason of [their] 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 (34 CFR 104.4(a)).” Section 504 protects all students with disabilities including students who are covered under the Individuals with Disabilities Education Act (IDEA). All educators have a responsibility to proactively identify, locate, and evaluate students with disabilities who may qualify for services. Section 504 requires a level playing field for students with disabilities, not an unfair advantage. This means that students with disabilities have the same or equal access to curriculum and activities as students without disabilities.

Elementary Scenario 1 – Suspected Disability & Evaluation

Carmen is a fourth-grade student at their local public elementary school. Their teacher notices that Carmen has trouble concentrating during class lessons and that it takes Carmen significantly longer than most students to complete in-class assignments. While the teacher acknowledges that it is very difficult for Carmen to stay seated and on-task, they do not think Carmen needs special education services because they are earning B’s and C’s. What should the teacher do? In this situation, Carmen’s teacher needs to inform the proper individuals in the school system that Carmen may need to be evaluated. It is only through an evaluation process that a school district can properly determine if a student has a disability and needs Section 504 accommodations. Note that grades alone, whether good or bad, do not necessarily indicate whether a student has or does not have a disability. Even if Carmen does not require special education, they could still receive other Section 504 accommodations if they meet the Section 504 definition of disability and are in need of related aids or services or supplemental services. For example, Carmen may have ADHD and may, because of their ADHD, need extra time to complete assignments and assistance from a classroom aide to stay on task during class. However, even if Carmen does not require either special education, accommodations, or related aids and services, as long as they are a student with a disability under Section 504, they are still protected under that law from other forms of discrimination (for example, bullying and harassment). The teacher’s referral of Carmen for evaluation is central to complying with Section 504 here. Once Carmen is referred for an evaluation the 504 Coordinator should contact their parent and provide them a copy of the parent procedural safeguards and request consent to evaluate. Once consent is received, a Section 504 team will determine eligibility and accommodations can be put into place to meet Carmen’s needs.

Elementary Scenario 2 – Disabilities in Remission

Doctors diagnosed Omar with cancer at the beginning of the summer break, between fourth grade and fifth grade. When initially diagnosed, Omar was weak and tired all the time, and, at times, unable to even get out of bed or dress or feed themselves. Omar received chemotherapy in July and August and returned to school, without any symptoms of the disease, at the beginning of the school year. At that time Omar’s parents informed the school of the cancer diagnosis. It is now November and doctors have informed Omar’s parents that the disease appears to be in remission. Omar’s mom notes that they run and play like all the other children and their grades are great. How would a group of knowledgeable persons determine if Omar has a disability? A student who has an impairment that is episodic (for example, epilepsy or post-traumatic stress disorder) or in remission is considered to be a person with a disability if, when active (that is when symptoms are evident or reoccur), the impairment substantially limits a major life activity. When active, Omar’s illness left them weak and unable to get out of bed. In other words, when active, cancer substantially limits Omar’s ability to care for themselves which, under Federal law, is a major life activity. Moreover, cancer substantially limits the major bodily function of normal cell growth, which is also a major life activity under Federal law. For this reason, the group of knowledgeable persons would determine that Omar is a student with a disability. However, Omar may or may not require special education, accommodations, or related aids and services that are designed to meet their individual educational needs as adequately as the needs of students without disabilities are met. Even if Omar does not need special education, accommodations, or related aids and services, they would still be protected under Section 504, for example, from bullying and harassment based on their disability.

Elementary Scenario 3 – Extracurricular Activities

Celeste has a peanut allergy. Their fourth-grade class is going on a field trip to the local aquarium and Celeste’s father is told they must chaperone Celeste on the trip because the teachers will be very busy and cannot ensure that Celeste will be protected from exposure to peanuts or peanut products while on the trip, especially during the lunch break. Celeste’s father cannot go on the field trip because they have to go to work. As a result, the teachers tell Celeste they cannot attend the field trip. Celeste’s father complains to the principal, noting that no other parent/guardian is required to attend the field trip. Should the school have required Celeste’s father to attend the field trip? No. In this case, none of the parent(s)/guardian(s) of students without disabilities were told that they must attend the field trip; therefore, the school may not require Celeste’s father’s attendance simply because Celeste has a disability. Section 504 law and regulations prohibit discrimination on the basis of disability in all school programs and activities in public schools receiving direct or indirect federal funding. This includes extracurricular activities, field trips, school clubs, overnight trips, and any other school-sponsored programs. Under Section 504, the school is responsible for making it possible for Celeste to participate in this learning opportunity like their peers, without parent/guardian assistance.

Elementary Scenario 4 – Retaliation

Ms. Chen, the mother of a student with a disability, complained privately to the principal that her daughter and other students with disabilities are not receiving an appropriate education at the school. The situation did not improve so Ms. Chen raised the issue with the principal again at a recent Parent-Teacher Association meeting in front of other parent(s)/guardian(s) and teachers. The following week, Ms. Chen, who had been a helpful and effective classroom volunteer for many months, received a letter from the principal indicating that Ms. Chen can no longer volunteer in her student’s classroom. Moreover, the principal offered no explanation for this change in policy in the letter. Ms. Chen asks around and learns that none of the other parent/guardian volunteers received a similar letter. May the principal do that? It depends. Denying Ms. Chen's ability to volunteer in her student’s classroom would be unlawful retaliation if the school did so because she complained to the principal that her student was not receiving FAPE (either initially or in front of the Parent-Teacher Association). However, if the school did so for a legitimate reason (for example, because the parent was disrupting instruction or endangering students), then the school may not have violated Section 504. The ultimate determination will depend on whether the evidence indicates that the school’s actions were based on a legitimate reason for keeping Ms. Chen out of the classroom or if the school’s explanation was a rationalization for retaliation or if retaliation was a motivating factor in addition to the legitimate reason. In this case, the school had no evidence to suggest that Ms. Chen had been, or would likely be, disruptive or dangerous. Therefore, if the school allowed other parent(s)/guardian(s), who did not file a complaint, to continue to volunteer in class, these facts would suggest that forbidding Ms. Chen from volunteering based on concern about disrupting class or endangering students is a rationalization and that the sole reason for banning her from the class was to retaliate because she raised her concerns about services for students with disabilities.

Secondary Scenario 1 – Timeframes for Evaluation

Mr. Williams is very concerned. In September, two weeks after the new school year began, his 16-year-old child, Ruben, told him that they were having a hard time hearing their teacher and, as a result, they were unable to take detailed notes during class lectures. The school promised to evaluate Ruben, and Mr. Williams consented to the evaluation before the end of September. However, it is now December and, to date, Ruben has not been evaluated. Should the school have completed the evaluation before December? Most likely, yes. Section 504 does not provide a specific amount of time for LEAs to complete an evaluation. However, under the IDEA, an initial evaluation must be conducted within 60 days (45 school days under Utah Special Education Rules) of receiving parental consent for the evaluation. OCR generally looks to the IDEA timeline, or if applicable, to State requirements, or local district policy, to assess the reasonableness of the time it takes the school to evaluate the student once parental consent has been obtained.

Secondary Scenario 2 – Disagreement Over Need to Evaluate

Maya is a good student who has an A in reading, an A in math, and a B in each of her other classes. Maya maintains these grades even though she has been absent several times since the beginning of the school year for a gastrointestinal disorder. In addition, she often has to leave school early because of vomiting. Maya’s mom took Maya to the doctor and, the following week, Maya’s mom presented Maya’s teacher with a medical report indicating that Maya suffers from gastroesophageal reflux disease (GERD). Maya’s mom then asked the teacher if the school would evaluate Maya to see if she is eligible for Section 504 accommodations. The teacher told Maya’s mom not to worry, noting that an evaluation “is not necessary at this time because Maya continues to do well in all her classes.” The teacher then promised to let Maya’s mother know immediately if Maya’s grades begin to decline. Should the teacher have responded in this manner?

No. Not every illness will automatically result in Section 504 protection for the affected student. On the other hand, even if a student earns good grades, they may still have a disability. For example, even if Maya’s disease did not interfere with her ability to attend school, she might still be determined to be a student with a disability under Section 504 because the disease substantially limits a major life activity (that is, the ability to digest food). In such a situation, Maya may not need special education, accommodations, or related aids and services; however, she would still be protected (for example, from bullying and harassment based on disability) under Section 504.

Given these specific facts—a medically-diagnosed problem with the student’s digestive system, and the parent’s report that the student is frequently forced to miss school because of this medical problem—Section 504 would require the school to refer Maya for a Section 504 evaluation to determine whether she needs special education, accommodations, or related aids and services, including modifications, because of a disability. Note that if the school fails to conduct an evaluation and it is later determined that a school evaluation was necessary and that Maya needed, but did not receive, special education, accommodations, and/or related aids and services, the school would be in violation of Section 504 and may be required to provide compensatory services for Maya for the period during which the school failed to offer a FAPE.

The Section 504 regulations require LEAs to draw upon information from a variety of sources in interpreting evaluation data and making placement decisions. In other words, while a medical diagnosis alone can inform school staff about whether a student has a disease that substantially limits a major life activity, it is unlikely that a medical diagnosis alone will also provide enough information for school staff to determine what accommodations the student needs. Other information that could also be collected and analyzed includes, for example, attendance records, parent/guardian information, grade reports, aptitude and achievement tests, teacher recommendations, the student’s physical condition, social or cultural background, and adaptive behavior. The type of tests and other information obtained will vary for each individual student depending on the suspected impairment.

In this scenario, Maya has a disability. Because Maya’s medically diagnosed impairment interferes with her ability to attend school, the school district may need to, among other things, modify how the school’s attendance policy applies to Maya to ensure that Maya is given extra time to complete assignments when she is absent because of her disability and that Maya is not penalized for absences resulting from her disability.

Finally, even if the teacher did not make the referral because they did not believe that Maya needed special education, accommodations, or related services as a result of her digestive disorder, the teacher or other school personnel should have provided Maya’s mother with a copy of the district’s procedural safeguards, which would include information about the opportunity to have an impartial hearing to resolve the disagreement over Maya’s need for an evaluation, and an opportunity to review her daughter’s records.

Secondary Scenario 3 – Reevaluations and FAPE

Salim is a student with a disability and they have a Section 504 plan. At the start of the spring semester, Salim received an out-of-school suspension for 12 consecutive school days. Is the school required to reevaluate Salim? Yes. Although the Section 504 regulations do not set a specific timeframe within which students with disabilities must be reevaluated to make sure that they are receiving the appropriate services, Section 504 requires schools to conduct reevaluations periodically, and before a significant change in placement. OCR considers an exclusion from the educational program of more than 10 consecutive school days to be a significant change in placement. In this example, the school must reevaluate Salim, prior to imposing the 11th day of suspension, to determine whether their misconduct is caused by or related to their disability (manifestation determination). If the misconduct is caused by or related to the disability the school must further evaluate to determine if their current placement is appropriate.

Secondary Scenario 4 – Procedural Safeguards

Ms. Lee told staff at her son’s school that she believes her son, Phillip, has a disability because he cannot seem to sit still and concentrate on his assignments. Although Ms. Lee has made multiple requests, the school has refused to evaluate Phillip because the teachers do not believe he has a disability. Ms. Lee does not receive any communication from the school about why they will not evaluate Phillip. Is the school’s approach permissible? No. A school cannot simply ignore a parent/guardian's request for their student to be evaluated, even if the school does not believe that the student has a disability. An LEA is required to establish, implement, and inform the parent(s)/guardian(s) about a system of procedural safeguards that are designed to help resolve FAPE-related disagreements regarding the identification, evaluation, or educational placement of a student. As part of this system, a school must notify the parent(s)/guardian(s) of any evaluation or placement actions and inform parent(s)/guardian(s) of their right to (i) examine records or documents that the school relied upon when making its decision about the student; (ii) request an impartial hearing that provides the parent(s)/guardian(s) with an opportunity to participate and permits representation by an attorney; and (iii) have an opportunity for review of the decision made at the hearing.

The USBE Educational Equity web page offers many resources for educators and parent(s)/guardian(s), such as online training, forms, and links to information sources on supporting students with disabilities and legal requirements.

Special Ed Connection houses an entire database of Section 504 related resources that will help you be more successful in your daily work and the support you provide to LEAs. In addition to the latest news, trends, and practical guidance pertaining to Section 504, Special Ed Connection® houses easily accessible resources that clarify the responsibility of meeting legal requirements for Section 504. Every LEA in Utah has access to this resource. Contact your special education director for the username and password.

This document clarifies the requirements of Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the area of public elementary and secondary education. It incorporates information about the Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, which amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504.

The purpose of this part is “to effectuate section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance.”