What are the Section 504 procedures in WCPSS?
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Section 504: An Overview of Procedures in WCPSS
Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits the discrimination in access to programs and activities on the basis of disability. All individuals determined to have a disability are protected by this law.
There are 2 criteria that must be met in order to receive a Section 504 Accommodation Plan:
1) Documentation of a physical or mental impairment made by qualified professional.
2) The student must demonstrate that he/she is substantially limited by the diagnosed impairment in a major life activity at school.
The major life activities include, but are not limited to, areas such as learning, concentration, walking, seeing, breathing, hearing, lifting, bending, and performing manual tasks. Additionally, the major life activities include the operation of "major bodily functions"such as the immune, neurological or respiratory system.
If the suspected area of impact is learning-related, then the need for special education services must be ruled out before Section 504 eligibility can be considered. A special education meeting would be held to review information, documentation and decisions regarding the need for an evaluation and/or special education services. If the team decides the student is not in need of special education services, but has a diagnosed impairment that may be substantially limiting the student in a major life activity at school, then the case can be referred for consideration of Section 504 eligibility.
If the major life activity is not learning, then the case can be referred directly to the 504 chairperson and an eligibility meeting can be scheduled.
If a student is determined to be eligible for a Section 504 plan, then he/she can receive reasonable accommodations that are designed to help the student access his/her educational environment. Accommodations must relate to the nature of how the disability is impacting the student at school. Students whose disabling condition is sporadic, in remission, or managed by medication/treatment may qualify as disabled and be covered by protections of the law, yet not require accommodations because of the status of the student’s condition.
Consideration for Section 504 eligibility entails a specific, detailed, and timely process that school professionals must follow. Each school in WCPSS has a 504 chairperson who can assist with parent questions.