Section 504: Handicapped Persons' Rights Under Federal Law

No otherwise qualified handicapped individual in the United States... shall, solely by reason of.... handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

The Section 504 regulations applies to preschool, elementary, secondary, and adult education programs and activities that receive or benefit from Federal financial assistance and to recipients that operate, or that receive or benefit from Federal financial assistance for the operation of, such programs or activities.

Each recipient that operates a federally assisted public elementary or secondary education program must provide a free and appropriate public education to each qualified person in its jurisdiction, regardless of the nature or severity of the person's handicap. Recipients that operate a public elementary or secondary education program must also annually attempt to identify and locate unserved handicapped children.

  504 Forms

Radford City Schools Guidelines

Who is qualified for 504 services?  

1. Of an age during which non handicapped persons are provided such services,
2. Of an age during which it is mandatory under state law to provide such services to handicapped persons, or
3. A person for whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Act (IDEA).

Section 504 of the Rehabilitation Act of 1973

Program Accessibility

1. Educational services are designed to meet the handicapped children's individual educational needs as adequately as the needs of non-handicapped persons are met.
2. Each handicapped child is educated with non-handicapped children, to the maximum extent appropriate to the needs of the handicapped child.
3. Nondiscriminatory evaluation and placement procedures are established to guard against misclassification or misplacement of students, and a periodic reevaluation is conducted of students who have been provided special education and related services.
4. Due process procedures are established so that parents and guardians can review evaluation and placement decisions made with respect to their children, and can participant and be represented by counsel in any subsequent impartial hearing.

Handicapped children must also be afforded an equal opportunity to participate in nonacademic and extracurricular services and activities such as counseling, physical education, recreational athletics, transportation, health services, recipient sponsored clubs, recipient employment and assistance in obtaining outside employment. These services must be provided by the recipient in such a manner as is necessary to afford handicapped students an equal opportunity for participation.

Radford City Schools Section 504 Policy & Administrative Guidelines

                                       I. POLICY STATEMENT

It is the policy of the Radford City Schools to provide a free and appropriate public education to each qualified disabled student within its jurisdiction, regardless of the nature or severity of the disability.  Consequently, it is the intent of Radford City Schools’ to ensure that students who are disabled with in the definition of Section 504 are identified, evaluated and provided with appropriate educational services.  The due process rights of disabled students and their parents under Section 504 will be enforced.   The Director of Special Education is the designee District Coordinator of Section 504 activities.  Each principal will designate a 504 School Coordinator(s) to provide case management services with the school. 

 II.  Overview of Section 504

Section 504 of the Rehabilitation Act of 1973 is major federal legislation that impacts entities that receive federal funding.  It is civil rights legislation for persons with disabilities, which is designed to prevent any form of discrimination based on disability.  Individuals with disabilities, who are otherwise qualified, are protected. Section 504 states: "No otherwise qualified person with a disability in the United States . . . shall, solely on the basis of disability, be denied access to, or the benefits of, or be subjected to discrimination under any program or activity provided by any institution receiving federal assistance" Under Section 504, a person is considered "disabled" if that person 

(1)  has a physical or mental impairment which substantially limits one or more of such person's major life activities, 

(2)  has a record of such an impairment, or 

(3)  is regarded as having such an impairment The first part of the definition relates to the nature of the disability itself. A "physical or mental impairment" is defined as:

 (A)  Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

 (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.   The second part of the definition relates to the impact of the disability or condition on a "major life activity."  The act defines a "major life activity" as: ". . . functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working."    

III.  ELIGIBILITY FOR SERVICES

Section 504 applies to persons considered to have a disability as defined in the Act.   As a result, the question of eligibility is a critical issue.  When determining the eligibility of individuals for Section 504 protections and services, the following questions must be addressed:

1.  Is there a physical or mental disability?

2.  If so, does it impair a major life activity?

3.  If so, is the degree of impairment substantial? 

IV.  STUDENT IDENTIFICATION AND REFERRAL PROCEDURES

A.  Students who are in need or are believed to be in need of services under Section 504 may be referred for evaluation by a parent/guardian, teacher, or other certified school employee.

B.  Radford City Schools will consider the referral, and based upon a review of the student's records, including academic, social, testing, and behavioral records, determine whether an evaluation under this procedure is appropriate.  Any student, who, because of a disability, needs or is believed to need special services will be referred for evaluation.  If a request for evaluation is denied, Radford City Schools’ will inform the parents or guardian of this decision and of their procedural rights.

 V.  STUDENT EVALUATION

A.  The purpose of a student evaluation shall be to determine eligibility for accommodations as a disabled person under Section 504.

B.  Radford City Schools’ Section 504 evaluation procedures must ensure that:

1.  Tests and other evaluation material have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer.

2.  Tests and the evaluation materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient.

3.  Tests are selected an administered so as best t ensure that, when a test is administered to a student with impaired sensory, manual or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual or speaking skills (except where those skills are the factors that the test purport to measure).

C.  No final determination of whether the student is a disabled individual within the meaning of Section 504 will be made by the Radford City Schools without informing the parent or guardian of the student concerning such proposed determination.  Procedural safeguards as defined under Section VIII will be given to the parents/guardians.

D.  With regard to a student who is determined to be disabled under Section 504 of the rehabilitation Act of 1973, but who is not determined to be disabled under IDEA, Radford City Schools’ shall periodically conduct a re-evaluation of the student:

1.  Prior to any significant level change in placement, e.g., Elementary to Secondary School;

2.  If the student's parent or teacher reasonably request a re-evaluation; or

3.  More frequently if conditions warrant. 

VI.  PLACEMENT

For students who have been identified as disabled with the meaning of Section 504, Radford City Schools shall determine what special general education accommodations are needed to ensure that the student receives a free, appropriate education. 

A.  In interpreting evaluation data and in making educational decisions, Radford City Schools’ shall:

1.  Draw upon information from a variety of sources including aptitude and achievement test, teacher recommendations, physical condition, social or cultural background, and adaptive behavior.

2.  Ensure that all evaluation data is documented and carefully considered.

3.  Ensure that decisions are made by a group of persons knowledgeable about the student, the meaning of the evaluation data, and the placement options.

4.  Ensure that the student is educated with non-disabled students to the maximum extent appropriate to meet the student's individual needs.

B.  If Radford City Schools’ determines that the student is eligible for special education and related services under both the IDEA and Section 504 of the Rehabilitation Act of 1973, those services shall be delivered pursuant to an Individualized Education Program developed the IEP procedures of the IDEA.

C.  If Radford City Schools’ determined that the student is disabled under Section 504 of the Rehabilitation Act of 1973, but does not also meet the definition of disabled under IDEA, Radford City Schools' will determine, through a Section 504 committee meeting, whether the student requires services or modifications to his/her regular education program to allow the student's educational needs to be met as adequately as the educational needs of non-disabled students. The services or modifications recommended should be listed in writing in a Section 504 Accommodation Plan but not in an IEP.

D.  Radford City Schools’ may also determine that no special education or Section 504 accommodations are appropriate.  If so, the record of Radford City Schools’ proceeding will state the basis for the decision. 

VII.  Procedural Safeguards

With respect to actions regarding the identification, evaluation, or educational placement of a person who, because of a disability, needs or is believed to need special instruction or related services, the following procedural safeguards shall be provided:

A.  Notice (written or oral) of any decision regarding the identification, evaluation, or educational placement of the student. 

B.  An opportunity for the parents or guardian of the student to examine relevant educational records.

FORMS TO BE USED FOR SECTION 504   

504  Qualified individual with disabilities under Section 504 of the Rehabilitation Act

The qualified individual is a handicapped person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.  The qualified individual is a person with a disability who meets one of the following conditions:  is of an age during which it is mandatory, under state law, to provide such services to persons with disabilities; is of  an age during which persons without disabilities are provided such services; OR a person for whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (IDEA).

Radford City Schools

PARENT’S RIGHTS AND SAFEGUARDS UNDER SECTION 504

 As a parent, you have the right to:

1. Have, your child take part in and receive benefits from public education programs without discrimination based on a disability.
2. Have Radford City Schools advise you as to your rights under federal law.
3. Receive notice with respect to identification, evaluation, or eligibility determination for your child.
4. Have your child receive a free appropriate public education.  This includes the right to be educated with non-disabled students to the maximum extent appropriate.  It also includes the right to have Radford City Schools make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
5. Have your child educated in facilities and receive services comparable to those provided students without disabilities.
6. Have eligibility and educational placement decisions made based upon a variety of information sources, and by individuals who know the student, the evaluation data, and placement options.
7. Give your child an equal opportunity to participate in nonacademic and extracurricular activities offered by Radford City Schools through the provision of reasonable accommodations.
8. Examine all relevant records relating to decisions regarding our child’s identification, evaluation, educational program and placement.
9. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.
10. Receive a response from Radford City Schools to reasonable requests for explanations and interpretations for your child’s records.
11. Request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child.  If Radford City Schools refused this request, it shall notify you within a reasonable time, and advise you of the right to a hearing.
12. File a complaint with Radford City Schools when you believe your child’s rights have been violated.  A complaint may be filed by completing the Section 504 Complaint Form and submitting it to your school principal.

If you suspect your child may be eligible for 504 services contact your schools 504 Coordinator:  Radford High School: 731- 3649; John Dalton Intermediate School: 731-3651; Belle Heth Elementary School: 731- 3653; McHarg Elementary School: 731-3625 or for more information contact the 504 coordinator at the School Board Office at (540) 731-3647.

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