Parents usually know when their child is struggling at school.  There are many reasons that a child struggles with schoolwork. It is important that you communicate your concerns to your child’s teacher. Your concern may be easily addressed by simple adaptations in the classroom – good teachers adapt all the time - or it may be that your child needs additional attention and assistance.   Share with the teacher those techniques and strategies that you have found work best for your child. 

Contact your child’s teacher or principal when you suspect, or if your child has been diagnosed with, a disability.  Provide the school with any medical or other information regarding your child’s disability. 

How do I find out about Section 504?
Every school district is required to notify and locate students with disabilities annually.  Usually, this is provided at the start of each new school year.  You can call the district office to: 

• speak with the district’s Section 504 Coordinator
• ask to review the district’s Section 504 policies and procedures
• visit the Office of Civil Rights Website http://www.hhs.gov/ocr.504.html or other sites listed in the Resource Section
• attend Section 504 workshops and read publications listed in the Resource Section

What is the school district required to do? 
The Section 504 regulations require the school district to: 

• annually attempt to identify and locate all children with disabilities
• provide a “free and appropriate public education”
• ensure that students with disabilities are educated with non disabled students to the maximum extent appropriate
• establish nondiscriminatory evaluation and placement procedures
• establish procedural safeguards
• ensure that students with disabilities have equal opportunity to participate in nonacademic and extracurricular services and activities.

In addition, districts with 15 or more employees are required to designate an employee who will be responsible for ensuring compliance with Section 504 regulations, usually known as the Section 504 Coordinator.  The district’s annual notice to parents should provide the name and telephone number of the Section 504 Coordinator. The district must also develop complaint policies and procedures for parents, students, and employees. 

What happens when I ask for help? 
If you suspect that your child may have a disability, and after speaking with your child’s teacher or principal, a referral to a Student Study Team is usually made.   Most schools operate a Student Study Team in one form or another.  Often students are referred to the Student Study Team because: 

• teachers or parents have expressed concerns
• student has limited school success as demonstrated by
  
• failing grades
• poor test performance
• retention or consideration of retention
• student has multiple discipline problems, including suspension and/or expulsion
• student has difficulties with peers and adults
• student was formerly enrolled in Special Education
• student was previously determined ineligible for Special Education
• student returns to school following a serious or lengthy illness or injury
• student has a known chronic health problem 
  

The Student Study Team will meet and discuss ways to meet your child’s needs.  Possible outcomes from the meeting may be:  

• Site-based informal adjustments (such as moving your child to the front the class)
• Referral to categorical programs (such as classes for English language learners or participation in Title I programs)
• Referral to identified community agencies (such as the Boys and Girls Club, mental health services, and after-school programs)
• Referral for 504 services
• Referral for Special Education

If my child is referred for a Section 504 evaluation, what happens? 
You will be notified of the district’s intent to evaluate your child for Section 504 services.  Your written consent to evaluate should be obtained and you will receive notice of your parental rights.  The evaluation must be conducted by a team composed of individuals who know the student and understand the evaluation information.  Individuals who may be members of the Section 504 Team often include: 

• teachers
• school nurse
• principal or administrative designee
• school psychologist
• school counselor 
• parents and/or family members
• social workers
• specialists
  

Many schools use the Student Study Team (SST) as the Section 504 Team. The composition of the Section 504 team will change, depending upon your child’s needs.  The team members should know your child, the evaluation data, interventions that have been successful, strategies that have failed, and service options.  It is important that you be an active member of the team.

How is Section 504 eligibility determined?
Districts should have specific standards to determine Section 504 eligibility. Formal testing is not required.  Information should be considered and documented from a variety of sources, including: 

• teachers’ reports
• parent and family information
• home language survey
• report cards
• records of response to interventions
• standardized tests
• referral forms
• disciplinary records
• health records
• prior testing for Section 504 or Special Education
• private evaluation reports
• attendance records 

Are there requirements for testing?
The regulations require that all tests and other evaluation materials used to determine eligibility be: 

• validated for the specific purpose for which they are used;
• administered by trained personnel in conformity with the instructions provided by the test producer;
• tailored to assess specific areas of educational need; and
• selected and administered to best ensure that, when administered to a student with impaired sensory, manual or speaking skills, the test results accurately reflect whatever other factor the test purports to be measuring, assuming that factor is something other than the degree of impairment. 

If my child is eligible for services what does the school do?
If your child is found eligible under Section 504, the Section 504 Team will develop a 504 Plan. The 504 Plan will be designed to provide your child with those accommodations that are necessary for your child to access the curriculum and participate in school activities.  Accommodations are provided in the general education classroom.  It is important that you serve as an active member of the Section 504 Team and share strategies and techniques that you have found useful in the home. 

You should expect periodic re-evaluations and updates to the 504 Plan. A plan the worked well with your child in the 5th grade may not be appropriate at the middle school level.

Can the district discipline my child?
Students with disabilities are expected to comply with the same behavioral expectations and standards as their non-disabled peers. It is important that you and your child be familiar with the school’s Code of Conduct.  If your child’s behavior interrupts his learning or the learning of others, behavior accommodations should be identified and implemented.  A Behavior Plan may be necessary.

Section 504 does offer some extra protections to 504 students facing serious discipline, such as a lengthy suspension or expulsion.   Expulsion or an suspension of more than ten days is considered to be a change in placement. Section 504 requires a reevaluation before a change of placement is implemented.  Before expelling your child, the Section 504 Team should conduct a “manifestation determination”.  The Section 504 Team must decide if the misconduct is related to your child’s disability.  If the result of the review is that the behavior was not a manifestation of your child’s disability, the school may proceed with the proposed discipline. 

What if the district refuses to help?
Your district should have in place complaint policies and procedures.  You have the right to file a complaint.  Initially, you should contact the district’s Section 504 Coordinator and file your complaint.  You must file the compliant within 180 days of the alleged discriminatory act.  If your complaint is not resolved locally, you may file with the Office of Civil Rights (OCR).  OCR will conduct an investigation. To contact OCR: 800-368-1019 (v) 800-537-7697 (TDD)

What are my rights?
Section 504 provides certain parental rights. Specifically, you have the right to: 

• have your child provided a free, appropriate public education and be given an equal opportunity to participate in all school-related activities, free of discrimination because of a disability
• be informed by the school district of your Section 504 rights
• receive all information, including any attempt at identification evaluation, re-evaluation or placement (educational programs and activities) of your child, in the your primary language or mode of communication
• request an evaluation of your child and to expect periodic re-evaluations before any change of placement
• examine all of your child’s education records and obtain copies of records at a reasonable cost
• request an amendment to your child’s educational record, if incorrect
• challenge evaluation and/or placement decisions
• file a compliant with the school district and/or the Office of Civil Rights
• an impartial hearing
• representation
• appeal the hearing officer's decision.
  

How can I help?
Parents play an important role in ensuring the successful implementation of their child's Section 504 plan. It is particularly important that you establish and maintain close communication with your child's teachers and school. Tell the Section 504 Team:

• when changes occur with your child. For example, if medication has changed or your child is ill
• what accommodations and strategies you have found to be useful at home
• what accommodations your child finds useful at school
• if you are moving or changing schools

If you move or change schools, you should:

• introduce yourself and your child to the new principal
• provide the principal with a copy of your child’s Section 504 Plan
• meet with your child’s teacher(s) to explain the disability, its impact on education, and accommodations that have been successful
• establish and maintain ongoing communication

Keep the channels of communication open with the school staff.  Give moral support to those working with your child.   Ask if the teacher has a copy of the 504 Plan and answer any questions she may have.  Be familiar with the curriculum content standards of your child’s grade level.  If you do not have a copy of the grade level expectations, ask for one. Keep informed of, and participate in, school activities. Encourage your child to succeed, and model acceptable behavior. Your efforts will be appreciated.

  Go to Section VI:  What is Special Education?

Diagnostic Center-North - CDE Diagnostic Centers - Section 504
Unit I - Unit II - Unit III - Unit IV
Unit V - Unit VI - Unit VII - Unit VIII