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Section 504 of the Rehabilitation Act 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. A Section 504 Individual Accommodation plan establishes accommodations for the student within the classroom setting.
An impairment in and of itself is not a disability. However, the impairment must substantially limit one or more life activities such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
A medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. The illness must cause a substantial limitation on the student’s ability to learn or perform another major life activity.
A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time. Determination of whether a temporary impairment is substantial enough to be a disability must be resolved on a case‐by‐case basis. Generally, a transitory impairment is an impairment with an actual or expected duration of six months or less.
At the elementary and secondary school level, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Upon referral by either parent or school staff, an evaluation must be conducted before a student receives services. Section 504 requires informed parental permission for initial evaluations.
Using the evaluation information, a 504 team, which includes the student’s parents, determines eligibility. If eligible, the 504 team will write and implement a 504 Individual Accommodation Plan for the student.
For qualified students, periodic re‐evaluation is required and will be conducted at three‐year intervals unless the parent and the district agree that the re‐evaluation is unnecessary. Re‐evaluations may occur more frequently if conditions warrant or the child’s teacher or parent requests reassessment. Re‐evaluations are limited to once a year.
In the Sherwood Cass R-VIII School District, 504 inquiries or referrals are directed to the Director of Student Services.