Wichita Public Schools Section 504: A Parent’s Guide
What is Section 504?
Section 504 is part of a civil rights law that prohibits discrimination against individuals with disabilities. Section 504 ensures that a child with a disability has equal access to an education. If a child is qualified for 504 services, schools are required to make reasonable accommodations to help a child participate in regular school programs. Some refer to this as ‘leveling the playing field.’
Is it the same as ‘Special Education?’
No, Section 504 is different from Individuals with Disabilities Act (IDEA) or Special Education. Section 504 requires a less comprehensive set of services. Section 504 does not require the school to provide an individualized educational program (IEP) designed to meet the child’s unique needs and provide the child with educational benefit. Under Section 504, procedural safeguards are different than those provided to children with disabilities and their parents under IDEA.
What child is eligible for Section 504 services?
Students may qualify for protection under Section 504 if they have a mental or physical impairment that substantially limits one or more major life activities or bodily functions. A label, disability, or diagnosis, alone, does not make a student eligible under Section 504. The disability must substantially limit the student’s performance as compared to the performance of the average student in the general population.
How can I find out if my child is eligible for services?
Request an evaluation for Section 504 services. Your child’s principal, nurse or other support staff can provide a form for you to complete in which you indicate the nature of your child’s disability.
What constitutes an evaluation under Section 504?
An evaluation under Section 504 may not involve testing. It typically consists of a review and analysis of existing records such as vision/hearing, test scores, attendance, health records, discipline records, teacher input, staff observations, behavior and current academic performance. Data provided from external sources is also considered. A 504 team is responsible for gathering, reviewing, and analyzing the evaluation data and for making decisions regarding a student’s disability based upon whether the child has a mental or physical impairment and if the impairment substantially limits a major life activity or bodily function. The evaluation should be completed in a ‘reasonable period of time.’ Our district follows our special education timeline of sixty school days.
Will I be part of the team?
While the school is not required to include parents on the team, our district believes it is best practice to provide parents an opportunity to have input and be involved in the process. The school is required to notify you and obtain consent prior to conducting an evaluation of your child.
What kind of accommodations are schools required to provide?
The law requires the schools make ‘reasonable accommodations’ for a child with disabilities on a 504 accommodation plan in order to ensure participation in all services that the school offers to the general population. Schools do not necessarily need to remove all physical barriers. Instead they can opt to move a class or program to an accessible space. Health and classroom accommodations vary depending on the nature of a student’s disability.
Can I request a specific accommodation or educational intervention?
Yes, you can request a specific accommodation, but the school 504 team makes the final decision. Ultimately, curricular or instructional decisions are left to the school professionals.
How long does an evaluation or accommodation plan last?
Section 504 does not have specific time limits like Special Education. 504 plans and evaluations should be kept current with changing educational circumstances and changes in the conditions of the disability. 504 accommodation plans are reviewed annually, at the beginning of the school year. Our district also follows Special Education timelines in respect to re-evaluations every three years.
What can I do if I disagree with the findings?
Your first appeal should be directly to the school. Talk to the principal and the 504 team. The district also has a grievance procedure in place. You will find more information regarding that procedure on your Section 504 Parent Rights and Due Process Procedures document. This document will also inform you of your rights and the rights of your child under the law. If the school has not given you a copy, you may request one.
Does Section 504 only cover school children?
No. Once an agency is covered by the law, it is not allowed to discriminate against the disabled in any part of its program that is offered to the public. School districts cannot discriminate against the disabled in any aspect of their service. In addition to students, this would include patrons, parents, and employees.
The Wichita Public Schools does not discriminate on the basis of race, color, ancestry, national origin, religion, sex, disability, age, veteran status, or any other legally protected classification. Persons having inquiries may contact the School District’s Title IX Director/ADA/Section 504 Coordinator. For adults at 316.973.4420 or for students at 316.973.4475. Our address is 903 S. Edgemoor, Wichita, KS 67218.