![]() For more details, please refer to the United States Department of Education Section 504 Frequently Asked Questions document. Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services. Once a student is identified as being eligible for regular or special education and related aids or services, a decision must be made regarding the type of services the student needs. Section 504 requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials. EvaluationĪt the elementary and secondary school level, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities or (2) have a record of such an impairment or (3) be regarded as having such an impairment. Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. TEA's Section 504 Webinar and PowerPoint Students Protected Under Section 504 Section 504 Resources in Languages Other than English.Students with ADHD and Section 504: A Resource Guide.Protecting Students with Disabilities: Frequently Asked Questions About Section 504 and the Education of Children with Disabilities.Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973.Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools.Department of Education - Office for Civil Rights (OCR): (Updated January 2024) Section 504 Fact Sheet for Families: ENGLISH | SPANISH Resources from U.S. Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. This guidance focuses primarily on Section 504. The Title II regulations applicable to free appropriate public education issues do not provide greater protection than applicable Section 504 regulations. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Section 504. The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Act) that affects the meaning of disability in Section 504. ![]() The Office for Civil Rights (OCR) also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance. ![]() ![]() Department of Education enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against individuals with disabilities. ![]()
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