Section 504 Services

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination against individuals with disabilities in programs or activities receiving federal financial assistance. Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 is not an educational funding statute. Instead, it ensures that students with disabilities have equal access to educational opportunities and benefits comparable to those of their nondisabled peers.

Under Section 504, a student may qualify if they have a physical or mental impairment that substantially limits one or more major life activities. The district is responsible for identifying, evaluating, and providing appropriate accommodations and services to eligible students to ensure equal access.

While this website is intended to provide information and resources regarding Section 504, it is not a source of legal advice.

Child Find

Under Section 504 of the Rehabilitation Act of 1973, school districts have a legal duty to identify, locate, and evaluate students who may have a disability and, if eligible, provide a Free Appropriate Public Education (FAPE). This responsibility, known as “Child Find,” applies to all students residing within the district who may need services.

While the Individuals with Disabilities Education Act (IDEA) also includes Child Find provisions, IDEA applies only to students who meet eligibility criteria for special education.

Section 504, as a civil rights law, protects a broader range of students by ensuring access and equity in the general education setting. Depending on the student’s needs, a Section 504 Committee may develop an Individualized Accommodation Plan (IAP) to provide appropriate support. If a more significant disability is suspected, the committee may initiate a referral for an IDEA evaluation to determine eligibility for an Individualized Education Program (IEP).

Accomodations

A central principle of Section 504 is the provision of reasonable accommodations. These are supports provided in the school environment that allow a student with a disability to access learning and school activities on an equal basis with their nondisabled peers.

Accommodations are designed to remove barriers without giving an unfair advantage or creating an undue burden on the district. They may not fundamentally change the curriculum or alter essential program requirements.

Because student needs vary, accommodations can take many forms (academic, behavioral, emotional, environmental, medical, mental, or physical). Accommodations are based on documented needs that affect a student’s ability to access education.

Eligibility Requirements

A student may be eligible for protection under Section 504 if they:

have a physical or mental impairment that substantially limits one or more major life activities,
have a record of such an impairment, or
are regarded as having such an impairment
[34 C.F.R. §104.3(j)(1)]

Major life activities include, but are not limited to: learning, reading, concentrating, thinking, communicating, walking, seeing, hearing, breathing, eating, sleeping, and caring for oneself. They also include major bodily functions such as neurological, immune, endocrine, and digestive system functions.

A diagnosis or medical label alone does not guarantee eligibility. The condition must substantially limit the student’s functioning compared to same-age peers in the general population, without regard to the benefits of medication, assistive technology, or other mitigating measures.

How is Eligibility Determined?

Eligibility decisions are made by a Section 504 Committee. This committee is made up of individuals knowledgeable about the student and the relevant evaluation data. The committee considers a variety of information, which may include grades, teacher input, assessments, health records, parent information, and outside evaluations.

Parents are provided notice of meetings, encouraged to share relevant information, and must give permission before a student is evaluated or served under Section 504.

Some students who are found eligible may not require specific accommodations or services, but all eligible students are protected from disability-based discrimination.

The Section 504 Referral Process

Anyone who has concerns about a student’s needs—including parents, teachers, or medical professionals—may refer a student for consideration under Section 504 by contacting the campus Section 504 Coordinator.

While anyone may make a referral, federal guidance makes clear that the district must also have reason to believe the student:

may have a physical or mental impairment that substantially limits a major life activity, and
may need services or accommodations as a result
(OCR Memorandum, April 29, 1993; Letter to Mentink, 19 IDELR 1127 [OCR] 1993).

This means a school is not required to initiate a Section 504 evaluation solely upon parental request if there is no indication of a disability-related need.

If a parent requests a referral and the campus determines there is not sufficient evidence to proceed with a Section 504 evaluation, the district will provide written notice and a copy of the parent’s procedural rights under Section 504.

The 504 Evaluation Process

Under Section 504, no single test or formal evaluation is required. Instead, schools review a variety of data sources to determine eligibility.

The Section 504 Committee, made up of individuals knowledgeable about the student, evaluation data, and placement options [34 C.F.R. §104.35(c)(3)], may consider information such as:

grades and academic performance
teacher input
parent reports
state assessments
classroom observations
discipline and attendance records
health information
outside evaluations provided by the parent

Although federal regulations do not require parent participation in the committee, Comal ISD invites parents to Section 504 meetings, provides notice, and encourages families to share relevant information (such as medical reports or outside testing).

A student cannot be evaluated or placed under Section 504 without parent notice and permission [34 C.F.R. §104.36]. If a student is found eligible, parents will receive a copy of the Section 504 plan outlining the accommodations and services provided.

For questions or to request a referral, please contact your child’s campus Section 504 Coordinator.

Parental and Guardian Rights Under Section 504

As a parent or legal guardian, you have the right to:

Request an evaluation for your child under Section 504 or Special Education
Receive a copy of procedural safeguards that explain the processes for identification, evaluation, and educational placement
Review and examine records relevant to your child’s identification, evaluation, and placement
File a complaint with the district’s Section 504 Director regarding concerns about identification, evaluation, or placement
File a complaint with the U.S. Department of Education, Office for Civil Rights (OCR)

Office for Civil Rights (OCR)

Kansas City Office
Phone: (816) 268-0550
TDD: (800) 877-8339
Fax: (816) 268-0599
Email: [email protected]

Section 504 Resources

Resources from the U.S. Department of Education – Office for Civil Rights (OCR):

U.S. Department of Education Website: http://www.ed.gov/policy/rights/guid/ocr/disability.html
Texas Education Agency Website: https://tea.texas.gov

Mandi Chapman

Director

MTSS & Section 504

830-221-2016

Marisela Lopez

District Section 504 Coordinator

830-221-2079

Section 504 Services

Section 504 Resources

Section 504 Fact Sheet for Families