Section 504 Services

As defined by federal law under Section 504: 

"An individual with a disability means any person who:

• has a mental or physical impairment which substantially limits one or more major life activity;
• has a record of such an impairment; or
• is regarded as having such an impairment" [34 C.F.R. §104.3(j)(1)].

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulatory provision  at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as intellectual disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504.  In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating.  Congress also provided a non-exhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.  The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid – the Section 504 regulatory provision’s list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.

To determine eligibility under Section 504 the committee must consider all the following questions:

• Does the learner have a physical or mental impairment?

• Does the physical or mental impairment affect one or more major life activities including major bodily functions?

• Does the physical or mental impairment substantially limit a major life activity? It is important to specifically identify what the substantial limitations are and how they impact learner performance and progress.

• Does the student require Section 504 services in order for his/her educational needs to be met as adequately as those of non-disabled peers?

Anyone can refer a child for evaluation under Section 504. However, while anyone can make a referral, such as parents, teachers or a doctor, OCR stated in a staff memorandum that "the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability." (OCR Memorandum, April 29, 1993.)

Therefore, a school district does not have to refer or evaluate a child under Section 504 solely upon parental demand. The key to referral is whether the school district staff suspects that the child is suffering from a mental or physical impairment that substantially limits a major life activity and is in need of either regular education with supplementary services or special education and related services [Letter to Mentink 19 IDELR 1127 (OCR) 1993]. If a parent requests a referral for evaluation, and the campus determines they lack evidence to support a referral for a 504 Evaluation, Hutto Independent School District will provide parents with notice of their procedural rights under Section 504.

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)].

 In Hutto Independent School District we will provide parents notice of Section 504 Meeting and invite parents to participate in the Section 504 Meeting.  Parents are asked and encouraged to contribute any information that they may have (e.g., doctor's reports, outside testing reports, etc.) that would be helpful to the Section 504 committee in their determination of what the child may need. Schools are expected to make sound educational decisions as to what the child needs in order to receive an appropriate education.

Under Section 504, no formalized testing is required. The 504 Committee should look at grades over the past several years, teacher's reports, information from parents or other agencies, state assessment scores or other school administered tests, observations, discipline reports, attendance records, health records, and adaptive behavior information. Schools must consider a variety of sources. A single source of information (such as a doctor's report) cannot be the only information considered.

Each child's needs are determined individually. Determination of what is appropriate for each child is based on the nature of the disabling condition and what that child needs in order to have an equal opportunity to compete when compared to the non-disabled.  The ultimate goal of education for all students, with or without disabilities, is to give students the knowledge and compensating skills they will need to be able to function in life after graduation.

Yes. Children under Section 504 are still expected to follow the district's student code of conduct. However, when disciplining a child under Section 504, schools must consider the relationship between the disability and the misbehavior if the child is going to be removed from the regular setting for longer than 10 days. This does not mean that a student with a disability cannot be sent to a discipline center or that they cannot go to in-school suspension, or be suspended from school for three days. Very strict guidelines exist for schools in discipline issues with students who have a disability under Section 504. Your campus 504 coordinator can assist you in this area should you have additional questions concerning the discipline of students with disabilities. Children having disabilities with behavioral components should have individual discipline plans as well as behavior intervention plans.

While there are no specific time lines on this issue, students must be re-evaluated at least every three years or whenever there is going to be a "significant change in placement". In Hutto Independent School District, the student’s Section 504 Committee will convene annually to determine continued eligibility and revise your child's plan to make sure that his or her accommodation plan is appropriate based on their current schedule and individual needs. The accommodation plan may be revised during the school year if needed.

Yes. Hutto ISD must provide equal opportunity in areas such as counseling, physical education and/or athletics, transportation, health services, recreational activities, and special interest groups or clubs. According to Section 504 regulations, the district is required to provide students with disabilities an equal opportunity for participation in nonacademic and extracurricular services. District must make reasonable accommodations and provide the necessary aids and services to allow students an equal opportunity for participation, unless they can show that the modification would fundamentally alter the program. Equal opportunity for participation is to be decided on an individual basis and is not meant to provide unfair advantage to students.

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

Hutto ISD Notice of Parent and Student Rights Under Section 504

• Receive notice regarding the identification, evaluation, and/or placement of your child;
• Examine relevant records pertaining to your child;
• File a complaint with your school district Section 504 Specialist, who will investigate the allegations regarding Section 504 matters other than your child's identification, evaluation, and placement.
• Request an impartial hearing with respect to the district's actions regarding the identification, evaluation, or placement of your child, with an opportunity for the parent/guardian to participate in the hearing, to have representation by an attorney, and have a review procedure;
• File a complaint with the appropriate regional Office for Civil Rights. For additional information, contact:

Director
Office for Civil Rights, Region VI
1999 Bryan Street, Suite 160
Dallas, Texas 75201-6810
Telephone (214) 661-9600