banner

MAIN MENU

Section 504

What is Section 504?

The Americans with Disabilities Act (ADA) protects the rights of students and parents with disabilities. Section 504 of the Rehabilitation Act prohibits discrimination against individuals with disabilities in any program and/or activity receiving federal funds.

Who is eligible?

An eligible student under Section 504 is one who has a physical or mental impairment that substantially limits a major life activity.

What is a Major Life Activity?

Major life activities include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, working, learning, etc.

Eligibility Clarification:

The school can only provide 504 services if a student’s physical or mental impairment substantially limits a major life activity, and there is evidence to support this in the school setting. A medical diagnosis is necessary for a student to be “considered” for eligibility, but there must be evidence that the impairment substantially impacts a major life activity (i.e. learning, etc.), in order for the student to be granted services.  Eligibility for services is determined by school personnel (the 504 Committee), not a physician; and is based on educational criteria.

What is the difference between Section 504 and IDEA?

Section 504 requires reasonable accommodation to insure nondiscrimination against students with disabilities.  IDEA requires affirmative action in providing special education and related services.  IDEA compliance involves special education while Section 504 is a regular education initiative.  Students may be eligible for services under provisions of Section 504 even though they do not qualify for special education services pursuant to the Individuals with Disabilities Act (IDEA).

 What are the Identification, Referral and Evaluation Procedures?

  • Any student may be referred for consideration for a 504 Plan. Any parent, physician, teacher, counselor, administrator, or other school district employee who is knowledgeable about the child may make a referral.

  • All referrals must be submitted in writing to a counselor or building administrator. The 504 Committee will consider the referral and, based upon a review of the student’s records, will make a decision as to whether an evaluation under this procedure is appropriate. 

  • Eligibility for services is determined by the educational team, not by a physician.  If a request for evaluation is denied, the 504 Committee will inform the parents/guardians of this decision and their procedural rights. Requirements for the Section 504 evaluation and placement process are determined by the type of services the student may need.  The evaluation must be sufficient to accurately assess the nature and extent of the disability, and its effect on major life activities.

  • The final decision will be made by the 504 Committee.  The parents/guardians of the student shall be notified in writing of the student’s eligibility or non-eligibility, and of the Section 504 procedural safeguards available to them.

  • Students who are provided services/accommodations under Section 504 shall be re-evaluated every year, or prior to a significant change in placement.

What does Accommodation Plan mean?

An appropriate education for students eligible under Section 504 may consist of education in general education classes with the needed accommodations being made and/or the use of supplementary services or programs designed to meet the unique needs of a particular student.  Adjustments in academic requirements and expectations may be necessary to accommodate the needs of an individual student with a disability to enable him/her to participate in the general education program.  Section 504 requires a plan describing placement and services, commonly referred to as an “accommodation plan”.

Procedural Safeguards

  • The parents/guardians have a right to be notified in writing of any decision made by the school district concerning identification, evaluation or educational placement of students pursuant to Section 504.

  • Parents/guardians have a right to examine copy and request amendments to the student’s educational record.

  • Parents/guardians have a right to submit a grievance form to the District 504 Coordinator requesting an investigation of concerns.  The Coordinator shall investigate the matter of grievance and reply in writing within ten (10) business days.

  • Parents/guardians have the right to request for a Section 504 local mediation conference or due-process hearing within ten (10) business days of the notice of the 504 Committee’s decision with which they disagree.

    • The request shall be made to: Mr. V. Caputo, Superintendent of School, and 16 Simpson Place, Metuchen, NJ 08840.   Within thirty (30) calendar days of receiving the written notice of appeal, the District 504 Coordinator will schedule and hold a local mediation conference or arrange a hearing with an impartial hearing officer.  The District 504 Coordinator will provide written notice to the student’s parents/guardians of the date, time, and place to the conference or hearing.

    • The request should include: name and address of student, name of the school the student is attending, the decision that is the subject of the hearing, the requested reasons for review, the proposed remedy sought by the grievant, and the name and contact information of the grievant.

 

Review of Student’s Progress

The 504 Committee will monitor the student’s progress and the effectiveness of the student’s educational accommodation plan annually to determine whether the educational accommodations are appropriate and necessary; and that the student’s needs are being met as adequately as the needs of non-disabled students.  It is each principal’s responsibility to monitor the implementation of accommodation plans within the school setting.

District 504 Coordinator:

Suzy Azevedo, Supervisor of School Counseling & Guidance, 400 Grove Avenue, Metuchen, NJ, 08840

Office of Civil Rights:

Parents/guardians who believe that the district has violated the provisions of Section 504 are entitled to file a complaint with the Office of Civil Rights (OCR), which has jurisdiction in New Jersey.  The contact information is as follows:  Office of Civil Rights, New York Office, United States Department of Education, 32 Old Slip, 26th Floor, New York NY 10005 / (646) 428-3800

(This location serves: New Jersey, New York, Puerto Rico and the Virgin Islands)

Links to Documents

 Section 504 Referral Form

Parent Input Form

Consent Form For Release of Information

Parent Signature of 504 Plan Receipt

Section 504 Grievance Form and Procedures