What is Section 504?

Section 504 is a federal civil rights law that is designed to eliminate disability discrimination in programs and activities that receive federal funds. Since all public school districts receive federal funds, all public school districts must comply with Section 504. Under Section 504, denying a disabled student a free appropriate public education constitutes disability discrimination.

Who is a Disabled Student Under Section 504 for Purposes of FAPE? 

A school-aged student is a disabled student under Section 504 for purposes of FAPE if the students has a physical or mental impairment that substantially limits one or more major life activities.

Physical or Mental Impairment

Physical or mental impairment means any physiological or psychological disorder or condition. The definition of physical or mental impairment under Section 504 is broad, includes students with life-threatening health conditions (conditions that will put a student in danger of death during the school day if a medication or treatment order and a nursing plan are not in place), and is not limited to any specific diseases or categories of medical conditions.

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. A physical or mental impairment may be 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 any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The list of specific diseases and conditions that may constitute a physical or mental impairment is not exhaustive because of the difficulty of ensuring the comprehensiveness of such a list.

Substantial Limitation

There is no single formula or scale that measures substantial limitation. A physical or mental impairment substantially limits a major life activity for a student if the impairment substantially limits the student's ability to perform a major life activity as compared to the student's non-disabled age/grade peers. An impairment need not prevent, or significantly or severely restrict, a student in performing a major life activity to be considered substantially limiting.

As a general rule, a student with a physical or mental impairment who is able to participate in or benefit from a district's education program, (e.g. attend school, advance from grade to grade, and meet the standards of personal independence and social responsibility expected of his or her age and cultural group) without the provision of special education or related aids or services, is not a disabled student under Section 504 for purposes of FAPE.

Impacting One or More Major Life Activities

Major life activities include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Major life activities also include other general activities such as eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. In addition, major life activities include major bodily functions such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The above list of major life activities is not exhaustive; a major life activity or function not specifically listed above may be a major life activity. For example, the ability to meet the standards of personal independence and social responsibility expected of one’s age and cultural group is a major life activity for a school-aged student. In addition, the ability to participate in and benefit from school is a major life activity for a school-aged student.

Who Can Refer a Student for a Section 504 Evaluation?

Any person can refer a student for evaluation under Section 504. Parents, guardians, and school staff should refer a student for evaluation if they know or suspect that, due to a disability, the student needs special education or related aids or services to participate in or benefit from a district's education program. If you are wishing to make a 504 referral, use the 504 referral form linked at the bottom of the page and return to the office of your child’s school.

The Bottom Line

Once a district has determined that a student is disabled under Section 504, the district must provide whatever services it decides the student needs to participate in and benefit from the districts education program. As a general rule, a district is under no obligation to provide a service that a students parent or guardian or doctor requests unless, in the district's determination, the student needs the service.

For more information on Section 504 and Special Education, contact your school nurse, counselor or administration. 

Your Rights Under Section 504

You have the right to be informed by the school district of your rights under Section 504. This is a notice of you and your child’s rights under Section 504 and the rights you have if you disagree with the school district’s decisions.

Your child has the right to:

• Receive a free and appropriate public education.

• Participate in and benefit from the district’s educational programs without discrimination.

• Be provided an equal opportunity to participate in the district’s nonacademic and extracurricular activities.

• Be educated with students who do not have disabilities to the maximum extent appropriate.

• Be educated in facilities and receive services that are comparable to those provided to students without disabilities.

• Receive accommodations and/or related aids and services to allow your child an equal opportunity to participate in school activities.

• Receive educational and related aids and services without cost, except for those fees imposed on the parents of children without disabilities.

• Receive special education services if needed.

You have the right to:

• Review your child’s educational records and to receive copies at a reasonable cost. You will not be charged if the cost would keep you from reviewing the records.

• Ask the district to change your child’s education records if you believe that they are wrong, misleading, or are otherwise in violation of your child’s privacy rights. If the district refuses this request, you

• have the right to challenge the refusal by requesting an impartial hearing.

• A response to your reasonable requests for explanations and interpretations of your child’s education records.

The Section 504 Process

Your child has the right to an evaluation before the school determines if he or she is eligible under Section 504.

You have the right to:

• Receive notice before the district takes any action regarding the identification, evaluation, and placement of your child.

• Have evaluation and placement decisions made by a group of persons, often called a “504 team”, including persons who know your child, the meaning of the evaluation information, and the placement options available.

• Have evaluation decisions based on a variety of sources, such as aptitude and achievement tests, teacher recommendations, physical conditions, medical records, and parental observations.

• Refuse consent for the initial evaluation and initial placement of your child.

If your child is eligible under Section 504, your child has a right to periodic re-evaluations, including re-evaluations before any significant change is made in your child’s placement.

If You Disagree with the District's Decision

If you disagree with the district’s decisions regarding your child’s identification, evaluation, educational program, or placement under Section 504, you may request mediation or an impartial due process hearing. You and your child have the right to take part in the hearing and have an attorney represent you. Hearing requests and other concerns can be made to our Section 504 Coordinator Cheri Simpson.

You have the right to file a complaint of discrimination with the U.S. Department of Education’s Office for Civil Rights (OCR), or to file a complaint in federal court. Generally, an OCR complaint may be filed within 180 calendar days of the act that you believe was discriminatory. The regional office is located at 915 Second Ave, Room 3310, Seattle, WA 98174-1099. The phone number is (206) 607-1600 or TDD: (206) 607-1647.