What is a Section 504
Section 504 of the Rehabilitation Act of 1973 is civil rights legislation that prohibits discrimination of pupils with disabilities in school systems.
This law specifically prohibits discrimination against students with physical or mental impairments and guarantees them a free an appropriate public education (FAPE).
It is a civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met. To be protected under Section 504, a student must be determined to (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such impairment; or (3) be regarded as having such an impairment. Students with only environmental, cultural, or economic disadvantages are not covered as part of Section 504.
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.
Major life activities, as defined in the Section 504 regulations, include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504.
The Educator's Responsibility
Schools cannot exclude students with disabilities from facilities, programs, benefits, activities, or services that are provided to students without disabilities. Schools must make sure that all students receive equal access to educational opportunities.
While there is no time limit specified for an accommodation plan, a yearly review is recommended.
If your child has been diagnosed with a physical or mental impairment that substantially limits their ability to learn in the educational setting, please contact the school for additional information about Section 504.
Oakwood Schools
Lange School
937-299-8730
Harman School
937-297-5338
Smith Elementary
937-297-5335
Oakwood Junior High
937-297-5328
Oakwood High School
937-297-5325
Contact your student’s school counselor
Resources
Accommodations vs. Modifications vs. Interventions
Illinois School Psychologists Association
A Guide to Parent Rights in Special Education
Ohio Department of Education
Special Education: A Basic Guide for Parents
National Association of School Psychologists
Modifications and Accommodations
Common Classroom Accommodations
- Health/Emergency care plans
- Seated in close proximity to teacher
- Peer helper for classwork/projects
- Extended time to complete tests or quizzes
- Extended time on makeup work
- Assistance with organizational strategies
- Behavior modification plans
- Monitor understanding of directions
- More that may be appropriate
504 Procedural Safeguard Policy
Section 504 of the Rehabilitation Act of 1973 defines a person with a disability as anyone who:
- has a mental or physical impairment which substantially limits one or more major life activities. These include (but are not limited to) caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning or working;
- has a record of such an impairment; or
- is regarded as having such an impairment.
In order to fulfill its obligation under Section 504, Oakwood City School District recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability will knowingly be permitted in any of the programs and practices in the school system. Grievances concerning any violation of this policy shall be submitted in writing to the District’s compliance officer.
With respect to the students, the school district has specific responsibilities under Section 504 that include identifying, evaluating, and (if found eligible) affording a free and appropriate education to students eligible for protection under Section 504.
Additionally, as parent/guardian you are afforded the following rights under Section 504:
- To have your child receive a free and appropriate public education. This includes the rights to be educated with students without disabilities to the maximum extent appropriate and to have the school district make reasonable accommodations to allow your child equal opportunity to participate in school and school-related activities.
- To have the school district advise you of your rights under federal law.
- To have an evaluation that draws on information from a variety of multidisciplinary sources.
- To have reevaluations occurring at least once every three years and before any significant change in educational programs or services.
- To receive notice with respect to identification, evaluation, and placement of your child.
- To be informed of any proposed actions related to eligibility and planning for service implementation.
- To receive all information in your native language and primary mode of communication.
- To receive a response from the school district when you make a request for explanation and interpretation of your child’s records.
- To inspect and review all of your child’s educational records as well as other relevant records.
- To obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.
- To receive a list of all individuals having access to those records.
- To an impartial hearing if you disagree with the district’s proposed plan and cannot remedy the disagreement after meeting with the district.
- To be represented by a counsel in the impartial hearing process.
- To appeal the impartial hearing officer’s decision.
- To ask for an amendment to any report on the grounds that it is inaccurate, misleading, or violates the child’s rights. If the school refuses to make the requested amendment, the parent/guardian is also entitled to a hearing on the issue.