Section 504 of the Rehabilitation Act of 1973 is Congress's directive to schools receiving federal funding from the United States Department of Education to prohibit discrimination based on disability from all aspects of school operations.

The law states, "No otherwise qualified individual with a disability shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

Section 504 is a civil rights statute that protects the civil and constitutional rights of persons with disabilities and focuses on assuring access to all of the district's programs and activities, including the educational services and the learning process that is equal to those given students who do not have disabilities.

 The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. The ADA was amended in 2008.

To learn more about the disability laws, you may review Dept. of Ed Overview of the Laws on Disability Discrimination

If you suspect your child is eligible for Section 504, you would:

1. Contact your campus's Intervention Assistance Team (IAT) liaison and request an IAT meeting via call, email, or letter.

2. Gather all the relevant data to have for the meeting, ie. medical report, parent input form (English / Spanish), any other outside evaluations/observations, etc.

3. Attend the IAT meeting to present your data pieces and further express your concerns regarding your student.

There are different components when determining eligibility. It begins with having the right people to evaluate the multiple pieces of data to determine if the referred student is eligible.

Who determines eligibility?

The Section 504 Committee is composed of members who have knowledge of:

-The child

-The evaluation data

-The placement options

Members of the committee may vary and required members are made on a case-by-case basis depending on the evaluation data. Although the Office of Civil Rights and the Section 504 law do not explicitly require parent/guardians to be a part of the team, the District is required to make reasonable efforts to invite and notify the parent/guardians of the meeting. 

What data is used to determine eligibility?

The Section 504 Committee will review multiple pieces of data, both qualitative and quantitative, to determine eligibility. The committee may review observational data, parent information, information from all students, campus administrator's information (behavior), nurse information (hearing/vision screening), grades and attendance, assessment data (formal and informal), and outside evaluations.

Who is eligible for Section 504?

To be eligible under Section 504/ADA, the Section 504 Committee must determine that the student is a qualified individual that meets all three of the following criteria:

1. Have a physical or mental impairment.

2. The impairment must affect one or more major life activities.

3. The impact of physical or mental impairment must be substantial.

For more information, visit the Department of Education FAQs on Section 504

Does the student need accommodations in the classroom in order for the academic needs to be met as adequately as non-disabled peers?

What are accommodations? Accommodations are support and services provided to help a student access the general education curriculum. Accommodations written into a student's service plan are determined by the Section 504 Committee.

Service Plans are tailored for the disabled student's needs to access the same general education as all non-disabled students. When creating the plans, the committee will review the needs of a student in the physical environment, instructional materials, instructional methods, assignments/homework, testing, extra-curricular activities, behavior, and emergency situations.

Accommodations are determined on a case-by-case basis and are not one-size-fits-all. They must be based on the impairment, be necessary, not just nice to have, and the committee must have the data to show the need. It is best practice to have a well-written Section 504 service plan with specific accommodations to be implemented in the classroom by current and future teachers.

There are not any accommodations allowed to be within a service plan that tries to alter attendance, graduation requirements, or the curriculum.

In the event of a disagreement between the parent/guardian and the school district in regard to the identification, evaluation, or educational placement of a disabled student, the parent/guardian has the right to an impartial hearing, with an opportunity to participate and be represented by an attorney.

Parents/guardians wishing to challenge a decision of the Section 504 Committee will need to file a written appeal with the District Section 504 Coordinator within 30 days of the date of the Notice of Section 504 Committee decision.

Dr. Latricia Borner

812 W 28th Street

Houston, TX 77008

504concerns@houstonisd.org

(713) 556-9449

Within 45 calendar days of the date of the written appeal, the district will schedule a hearing before an impartial hearing officer, provide the parent/guardian with a written Notice of Hearing with the date, time, and place for the hearing, and advise them of their right to participate and be represented by an attorney. Upon good cause shown and at the discretion of the hearing officer, either party may receive a continuance of the scheduled hearing date.

The hearing will be conducted informally. The Rules of Evidence and Procedure will not apply.

The district will make an audiotape of the complete hearing. No written transcript will be required, but the parent/ guardian will be entitled to obtain a copy of the audiotape at a reasonable cost. The hearing officer will render a brief written decision at the conclusion of the hearing or, if it is imperative that the decision be taken under advisement, within 15 calendar days of the hearing. No written findings of fact or conclusions of the law shall be required of the hearing officer.

The person who serves as an impartial hearing officer must not be an employee of the school district and may not be related to any member of the board of trustees to a degree that would be prohibited under the Nepotism Statute.

The hearing officer need not be an attorney at law but must be familiar with the requirements of Section 504/ADA.

*In Texas, home-schooled students are considered private school students.

• Students who attend private schools located within Houston ISD are eligible for referral, evaluation, and eligibility for Section 504 / Special Education Services, regardless of the child's district of residence.
• For students presently attending a private school, the referral should request an evaluation through the Office of Special Education Services (OSES) by submitting the Evaluation Request for Students Parentally Placed in Private Schools
• The private school liaison will convene an Intervention Assistance Team (IAT) to consider your request and respond to you within 15 school days.
• Data supporting your request will be considered by the committee during the IAT meeting.
• If the IAT proposes to conduct an initial evaluation, the Section 504 coordinator will ask you to formally consent to the evaluation.
• Should your request for an initial evaluation be denied, you will receive an explanation of the denial, as well as all information used for the determination, along with  a copy of the Notice of Parent and Student Rights Under Section 504 Rehabilitation Act of 1973