is the Section 504 process?
The 504 process includes: child-find, identification,
evaluation, committee decision-making, individualized service plan,
and periodic reviews.
Schools are required to:
- Implement the Response to Intervention process to determine student
- Provide provisions for eligible students (evaluating, considering
them for eligibility in the Section 504 committee process,
developing individualized accommodation plans, implementing the plans,
and providing periodic reviews);
- Non-discrimination in non-academic and
extracurricular programs and activities; and
- Comply with Section
504 procedural requirements (notices, access to relevant
records, opportunity for impartial due process hearings, and a review
Can a student be disabled but not qualify under Section
Yes, since some disabled students may not be substantially limited
in learning or another major life activity by their disability. If
a student with disabilities is able to function adequately in the school
setting, they may not be substantially limited, and thus, not eligible
under Section 504.
Who is disabled under Section 504?
Any student with (1) a physical or mental impairment (2) that substantially
limits learning or another major life activity (breathing, seeing,
hearing, walking, working, performing manual tasks, etc.).
What is IDEA?
The Individuals with Disabilities Education Act (IDEA, 20 U.S.C. §1400),
is the federal special education statute. It applies only to about
14% of the student population, since it focuses on students with more
severe disabilities and needs. IDEA has stricter and more specific
requirements than Section 504, which offers more general non-discrimination
Why is there a need for two statutes addressing educational
rights of students with disabilities?
IDEA is the funding statute that helps provide resources for the education
of the more seriously disabled students. It focuses its resources fairly
specifically to a subset of disabled persons. Section 504, however,
is a broader, unfunded, non-discrimination civil rights law emphasizing
equal opportunity in any program receiving federal funding.
Why does Section 504 address non-educational issues such
as nonacademic services and extracurricular activities?
Because of the non-discrimination nature of this law, this focuses
on equality of opportunity. Congress wanted to ensure that students
have an equal opportunity to participate in all school programs, not
just the educational ones.
Above information by
Jose L. Martín, Attorney at Law
Richards Lindsay & Martín, L.L.P.
August 6, 2009
Senior Coordinator, SAISD 504
Dyslexia, Section 504, RtI Department
406 Barrera Street
San Antonio, Texas 78210
San Antonio Independent School District does not discriminate
on the basis of race, religion, color, national origin, sex, or disability
in providing education services, activities, and programs, including
vocational programs, in accordance with Title VI of the Civil Rights
Act of 1964, as amended; Title IX of the Educational Amendments of 1972;
Section 504 of the Rehabilitation Act of 1973, as amended.
Es norma del Distrito Escolar Independiente de San Antonio
de no discriminar por motivos de raza, religion, color, origen nacional,
sexo o impedimento, en sus programas, servicios o actividades vocacionales,
tal como lo require el Título VI de la Ley de Derechos Civiles
de 1964, según enmienda; el Titulo IX de las Enmiendas en la Educación,
de 1972, y la Sección 504 de la Ley de Rehabilitación de
1973, según enmienda.