09/25/2010 SCHOOL COUNCIL - KC COOMBS SCHOOL

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SECTION 504 OF THE REHABILITATION ACT Section 504 prohibits discrimination against handicapped persons, including both students and staff members, by school districts receiving federal financial assistance. This includes all programs or activities of the school district receiving federal funds, regardless of whether the specific program or activity involved is a direct recipient of federal funds. Included in the U.S. Department of Education regulations for Section 504 is the requirement that handicapped students be provided with a free appropriate public education(FAPE). These regulations require identification, evaluation, provision of appropriate services, and procedural safeguards in every public school in the United States. All individuals who are disabled under the Individuals with Disabilities Education Act(IDEA) are also considered to be handicapped and therefore protected, under Section 504. However, all individuals who have been determined to be handicapped under Section 504 may not be disabled under IDEA. These children require a response from the regular education staff and curriculum. With respect to most handicapped students, many aspects of the Section 504 regulation concerning FAPE parallel the requirements of the Individuals with Disabilities Education Act(formerly the Education of the handicapped Act) and state law. In those areas,by fulfilling responsibilities under the IDEA and state law, a district is also meeting the standards of the Section 504 regulations. However, in some other respects the requirements of the laws are different. There are some students who are not eligible for IDEA services but who nevertheless are deemed handicapped under Section 504, and to whom a district may therefore have responsibilities. For the purpose of clarification in this paper, the term"handicapped" refers to students who are protected under the regulations of Section 504 only;the term"disabled" is reserved for students who are eligible for services under IDEA. The IDEA defines as eligible only students who have certain specified types of disabilities and who, because of one of those conditions, need special education(specially designed instruction). Section 504, on the other hand, protects all handicapped students, defined as those having any physical or mental impairment that substantially limits one or more major life activities(including learning). Section 504 covers all students who meet this definition, even if they do not fall within the IDEA enumerated categories and even if they do not need to be in a special education program. If a district has reason to believe that,because of a handicap as defined under Section 504, a student needs either special accommodations or related services in the regular setting in order to participate in the school program, the district must evaluate the student; if the student is determined to be handicapped under Section 504, the district must develop and implement a plan for the delivery of all needed services. Again, these steps must be taken even though the student is not covered by the IDEA special education provisions and procedures. What is required for the Section 504 evaluation and placement process is determined by the type of handicap believed to be present, and the type of services the student may need. The evaluation must be sufficient to accurately and completely assess the nature and extent of the handicap, and the recommended services. Evaluations more limited than a full special education evaluation maybe adequate in some circumstances. 41