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Texas Education Code (TEC) §38.003 defines dyslexia and related disorders as a disorder of constitutional origin manifested by a difficulty in learning to read, write, or spell, despite conventional instruction, adequate intelligence, and sociocultural opportunity (TEC §38.003). “Related disorders” include disorders similar to or related to dyslexia, such as developmental auditory imperception, dysphasia, specific developmental dyslexia, developmental dysgraphia, and developmental spelling disability, (TEC §38.003(d)(1)-(2)).
The Dyslexia Handbook provided by The Texas Education Agency (TEA) (2018) states, "TEC §38.003 defines dyslexia and related disorders, mandates screening and testing students for dyslexia and the provision of instruction for students with dyslexia. In addition, TEC §38.003 gives the State Board of Education (SBOE) authority to adopt rules and standards for screening, testing, and serving students with dyslexia," (p. x).
References:

Texas Education Agency. (2018). The Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders. https://tea.texas.gov/sites/default/files/2018-Dyslexia-Handbook_Approved_Accomodated_12_11_2018.pdf

Texas Education Code §38.003

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As stated in The Dyslexia Handbook (2018), "the purpose of The Dyslexia Handbook is to provide procedures for school districts, charter schools, campuses, teachers, students, and parents/guardians in early identification of , instruction for, and accommodations for students with dyslexia," (p. x)

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The TLCA Dyslexia Handbook can be accessed on the TLCA website under the Special Programs tab. For information concerning 504, dyslexia testing, and intervention programs for struggling readers, please contact the school counselor at any TLCA campus.
Parents have the right to request a Section 504 Evaluation for their student, and may do so by contacting the school counselor.

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The purpose of the following slides is to provide teachers, parents, and/or school administrators with legal and ethical resources and knowledge to increase collaboration and effective interventions regarding the success of dyslexic learners.

Within each slide the following information and resources may be found:

Collaboration & Practical Expertise

Professional Associations

Current News

Sources of Law

TLCA Policy

Ethical Principles

Personal Connections

Best Practices for Compliance

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School Guidance and Counseling, which is an interactive component of Coordinated School Health (outside source), is implemented by professional school counselors to reduce dropout rates, improve academic performance, and increase participation in postsecondary education.

Texas School Counselor Certificate

The certification requirements to be a school counselor are described in the Texas Education Code and the Texas Administrative Code (outside source).

You can view general information on Texas teacher and counselor certification requirements.

The Texas Model for Comprehensive School Counseling Programs (5th Edition)

The Texas Model for Comprehensive School Counseling Programs is a revision and expansion of the 2004 Pre-K-12th Grade Development Guide: A Model Comprehensive, Developmental Guidance and Counseling Program for Texas Public Schools. The revision was completed by the Texas Counseling Association (TCA) in collaboration with the Texas Education Agency (TEA). As in the 2004 guide, the Texas Model is based on the statutory description of Texas school counseling programs and school counselor responsibilities (Texas Education Code [TEC] §§33.005-33.007). The Texas Model is further expanded to address changes to statute related to school counseling since 2004.

The Texas Model for Comprehensive School Counseling Programs (5th Edition) (PDF, 9035KB)

Resources

The following resources provide additional information about school guidance and counseling:
Counseling Resources Frequently Asked Questions

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School Guidance and Counseling, which is an interactive component of Coordinated School Health (outside source), is implemented by professional school counselors to reduce dropout rates, improve academic performance, and increase participation in postsecondary education. The certification requirements to be a school counselor are described in the Texas Education Code and the Texas Administrative Code (outside source).

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Home - American School Counselor Association (ASCA)

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The International Dyslexia Association (IDA) Houston Branch is a wonderful resource for Texas parents, educators, and adults with dyslexia. As a IDA member, educators have access to newsletters, resources, trainings, and a national resource directory. Houston IDA helps individuals who work with or live with someone who has the life-long condition of dyslexia.
https://www.houstonida.org/

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Houston Branch of the International Dyslexia Association

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The Houston Branch of The International Dyslexia Association (HBIDA) is a non-profit organization dedicated to helping individuals with dyslexia and related learning disorders, their families and the communities that support them. HBIDA is your local connection to an international network of professionals, families, and individuals diagnosed with dyslexia known as The International Dyslexia Association (IDA).

Houston Branch of the International Dyslexia Association

P.O. Box 540504
Houston, Texas 77254-0504

houstonbida@gmail.com

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Houston Branch of the International Dyslexia Association Home -

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The Houston Branch of The International Dyslexia Association (HBIDA) is a non-profit organization dedicated to helping individuals with dyslexia and related learning disorders, their families and the communities that support them. HBIDA is your local connection to an international network of professionals, families, and individuals diagnosed with dyslexia known as The International Dyslexia Association (IDA).

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Even though TX HB 3880 died in chamber, it still remains a hot topic concerning Texas dyslexia students. In summary the bill related to a student's eligibility for special education services provided by a school district, including services for dyslexia and related disorders (Texas HB3880: 2021-2022: 87th Legislature). The goal of the bill was to take the 504 dyslexia only evaluation away and have all evaluations conducted through special education. The bill failed. However, TEA is now looking to re-write the dyslexia handbook to make those changes anyway. This change would greatly impact the work of the educational diagnostician, as they would be testing a lot more students when other evaluators were able to carry some of the testing load.
References:

Texas HB3880: 2021-2022: 87th Legislature. LegiScan. (n.d.). https://legiscan.com/TX/bill/HB3880/2021.

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Educational Diagnostician & School Counselor Collaboration 

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Educational Diagnostician & School Counselor Collaboration 

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Within the TLCA school district, the roles and responsibilities of the school counselor and school diagnostician are collaborative when testing and serving students with dyslexia. As the school counselor fulfills the role of 504 coordinator at TLCA, they communicates on behalf of, facilitate programs requirements, and advocate for such students. Therefore, it is essential that the school counselor stay informed and knowledgeable of state and federal education guidelines pertaining to students with dyslexia. The school counselor must provide parents with information concerning rights, consent, and policies. In addition, he or she acts a liaison for the 504 committee and advocates for individual student success.
Further, the school counselor can help students with dyslexia:

Maintain academic standards and set goals for academic success.

Develop positive self image and recognize individual success

Develop skills to improve organization, study habits, and time management.

Work through personal problems that may affect academics or relationships.

Improve social skills.

Identify interests, strengths, and aptitudes through assessment.

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TLCA Educational Diagnostician

Mrs. Lopez has been with TLCA  for several years, as a teacher, ESL/Dyslexia Teacher, and currently Educational Diagnostician.
According to Lopez (2021), changes are rapidly happening with educational mandates in regards to dyslexia, therefore it is essential to stay up to date on latest research and any law changes. Educators and school administrators have to be on top of any potential requirements and compliance issues when working in special education. (E. Lopez, personal communication, July 7, 2021).

Mrs. Lopez has utilized her professional knowledge and expertise to assist the TLCA district administration in creating current rules and polices. In addition, she established the dyslexia screening rules that are now utilized by all principals throughout the TLCA district (E. Lopez, personal communication, July 7, 2021).
Lopez (2021) also stated that sometimes a court case can create change that directly impacts her work. Other times, the impact is indirect, therefore she tries to learn from cases where schools are not meeting guidelines and get into trouble (E. Lopez, personal communication, July 7, 2021). The most recent legal issue regarding dyslexia noted by Lopez, would be Texas House Bill 3880. The goal of the bill was to take the 504 dyslexia only evaluation away and have all evaluations conducted through special education. The bill failed, however, TEA is now looking to re-write the dyslexia handbook to make those changes anyway (E. Lopez, personal communication, July 7, 2021).
Are there certain student or employee rights that relate to Dyslexia? Yes, Lopez responds (2021), there are student rights related to dyslexia. For example, a student has a right to an evaluation for dyslexia whether or not they’ve had intervention cannot be used to delay a student’s testing. When teachers feel like a child needs more intervention or hasn’t had enough to warrant testing, Lopez makes a resolution by looking at all current data and helping to guide the decision based on data. If the student is struggling, then testing should not be delayed unless there is a valid reason; maybe an attendance issue (E. Lopez, personal communication, July 7, 2021).
To stay current with mandates and requirements of testing, services, and challenges of dyslexia, Mrs. Lopez attends routine professional development and trainings. Lopez exclaims, she is a part of a network through the local ESC. Which, frequently send out emails that help all educators stay up to date. As a CALT and a member of ALTA, Lopez receives notices when important changes or discussions are happening like with HB3880.

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Ways to Remotely Help Students with Dyslexia

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Ways to Remotely Help Students with Dyslexia

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The Covid 19 Pandemic produced a profound number of challenges in the current world of education, especially when educating diverse learners.  According to Mitchell (2021), "under the federal Individuals with Disabilities Education Act, the nation’s special education law, dyslexia is listed as an example of a disability under the broader term “specific learning disabilities.” Whether a student has been diagnosed with dyslexia or is showing characteristics of dyslexia, there is number of supports needed.
Now, almost a year later, some students still remain physically separated from the teachers that help them overcome the challenges presented by dyslexia (Mitchell, 2021). However, experts do say there are a number of ways to help students with dyslexia. If possible avoid asychronous learning. When dyslexic students participate in virtual learning, educators should find new ways to support students who struggle, and rethink how and what they  teach (Mitchell, 2021). In addition, teachers should take advantage of remote options and embrace assistive technology (Mitchell, 2021).

References:

Mitchell, C. (2021, March 3). 5 Ways to Remotely Support Students With Dyslexia. Education Week. https://www.edweek.org/teaching-learning/5-ways-to-remotely-support-students-with-dyslexia/2021/02.

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The COVID-19 pandemic has shed light on the needs of students with dyslexia, but also made it more difficult to support them.

Some students have found that their support services, such as one-on-one or small-group reading sessions, have been disrupted by the need for social distancing. Others may bestraining to understand what their masked teachers are saying in class.

And, almost a year later, still others remain physically separated from the teachers that help them overcome the challenges presented by dyslexia, which is marked by readers' struggles with recognizing and decoding words.

Because schools often don't track it, there is no way to know how many students struggle specifically with dyslexia, which can lead to difficulty with reading comprehension. Under the federal Individuals with Disabilities Education Act, the nation's special education law, dyslexia is listed as an example of a disability under the broader term "specific learning disabilities."

Part of the problem lies in the difficulty in diagnosis. Not all students with reading difficulties have dyslexia. Some students with dyslexia can go undiagnosed until late elementary, middle or even high school because they can conceal their struggles or find ways to compensate for them.

Education Week interviewed four experts to find out what advice they have for educators and parents who are working with students with dyslexia.

Here's a look at what the experts had to say. Their statements have been edited for length and clarity:
1. Avoid asychronous learning
The experts universally agreed that students with dyslexia need direction, instruction, and real-time feedback that isn't available during recorded lessons.

"The idea of asynchronous learning for dyslexic learners is not appropriate," said Josh Clark, the head of school at The Schneck School, an Atlanta-based private school for children with dyslexia. He also serves as the executive director of The Dyslexia Resource, a nonprofit that focus on dyslexia education and advocacy through teacher training, tutoring programs and community partnerships.
"You know they're already struggling in the traditional school environment. Then you expect them to navigate independently work they can intellectually access, but they can't decode the instructions?"

Yvette Goorevitch, the chief of specialized learning and student services for Norwalk, Conn., schools, said her district has also avoided asychronous instruction for students with dyslexia.
"There is a distinction between teaching children how to read and assigning reading. We have stayed away from asynchronous learning because it's not direct instruction," Goorevitch said. "There needs to be guided practice. Kids need feedback and immediate correction. They need independent practice, and then they need review. You're constantly evaluating."
2. Find new ways to support students who struggle
Students with dyslexia may not be comfortable discussing their difficulties in front of the class or signaling for help if they have trouble. Teachers should communicate how students and parents can ask for help or additional support.

"We sometimes have this misconception that this generation all really feels comfortable online," said Donnell Pons, a reading and dyslexia specialist in Salt Lake City. "But that's not always the case with someone who struggles with language difficulties. As a teacher, you have to have clear protocols for how students engage in the online classroom, like, 'Is it clear how I communicate when I have difficulty?'"

For older students, Clark recommends teachers reach out directly to students.

"If you have a dyslexic learner in your classroom, it's not something that we need to hide or not talk about or ignore," Clark said. "Let's have the conversation, especially for older students. Let's have conversation about what works: 'What would remove barriers for me to better understand what you know and you're able to produce?'"

Students in middle and high school may be able to advocate for themselves and seek help in office hours or through private online chats, but students in early elementary school have often not developed those skills, said Joanne Pierson, project manager for Dyslexia Help at the University of Michigan. The website serves as a resource for people with dyslexia and their parents and employers. Pierson, a speech and language pathologist by training, also runs a private clinical practice that specializes in helping students with dyslexia.

"Keeping those children engaged, when you can't do something subtle like walk around the classroom and stand next to them or gently put your hand on their shoulder or notice when they're looking lost, has to be tough," Pierson said. "All those subtle things that teachers do to keep kids on track. Those are big challenges, particularly if you don't have a parent sitting there with the child because many parents are working. I work with kids one-on-one. So I can say things like, 'Are you with me?' or 'I'm on page whatever in the middle of the paragraph' and show it to them. That's a whole different ballgame when you have 25 or 30 students."

Schools must also remember that a year into the pandemic, some studentsstill struggle to understand how to use technology.
3. Rethink how and what you teach
Teachers cannot take what worked in the traditional classroom and try to transfer it to an online setting. When they make changes, they must consider the needs of students with language-based learning disabilities, especially disabilities that can make some tasks more difficult.

"As we've gone online, a lot of teachers have thought, 'Oh, if we can't be in-person having class discussions, I guess more reading and writing is called for," Pons said. "We need to evaluate putting more demands in the reading and writing area without understanding the needs of students with dyslexia. We need to be patient and understanding, reach out to students who seem to be disengaging and ask questions like 'What is this workload like for you?'"

Students will also need help maintaining their focus as the pandemic stretches on. While students will benefit from in-person instruction, expecting them, dyslexic or not, to sit through six or seven hours of screen time is not the solution, said Goorevitch of the Norwalkschools.

"The challenge for the kids and for the staff has been, how do you inhibit the intrusion into the instructional day? If the kid is remote, you know the distractions that can happen at home," Goorevitch said.

"There's an intrusion into the natural flow (of the school day) that teachers need to plan for and overcome," she added. "Students need real help in sustaining their efforts and developing the stamina to do the really hard work of learning to read, particularly when you have a learning disability or you're dyslexic. The kids need that support as well as the direct explicit instruction."
4. Take advantage of remote options
A school district that has five dyslexia specialists each with dozens of students to support may be able to use online learning to its advantage, even after the pandemic.

"If you can do things online, the breadth of resources is no longer limited by geography," Clark said. "As long as you have an adult in the physical room, they don't have to be the one delivering the instruction."

The Norwalk school system operates a literacy center that focuses on early identification, assessment, and intervention for students with dyslexia. During the pandemic, the district has found new ways to connect students and staff.

"We've been able to pull together kids with similar needs from across the district and put them together in small remote groups and have our literacy and dyslexia specialists work with them very intensely," Goorevitch said. "Rather than sending these specialists out to all our schools or pulling kids in from a variety of schools and (having them miss) instructional time, we have been able to come up with a good remote option to help them."
5. Embrace assistive technology
With students with dyslexia spending more time in front of screens, whether at home or during in-person learning, schools should use tools, such as speech-to-text and text-to-speech functions, that can help them navigate lessons and complete assignments.

"I do think people are not so afraid of technology anymore. It levels the playing field for these students," Pierson said. "If these kids aren't reading the same text as their peers, they're not getting that vocabulary."

Clark, the chairman of the International Dyslexia Association Board of Directors, is dyslexic. Both of his children also have dyslexia.

"It's just the idea of presenting multiple ways of gaining meaning," Clark said. "So I could read an article, but I could also watch a YouTube video. That removes barriers to the knowledge so that more people can access it."

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5 Ways to Remotely Support Students With Dyslexia

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The COVID-19 pandemic has shed light on the needs of students with dyslexia, but also made it more difficult to support them. Some students have found that their support services, such as one-on-one or small-group reading sessions, have been disrupted by the need for social distancing.

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Will Texas improve how it helps kids with dyslexia? Advocates' hope for action becomes 'study' on Senate floor

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Texas has faced years of criticism from federal education authorities over the state's special education practices.

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Individuals with Disabilities Education Act (IDEA)

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Individuals with Disabilities Education Act (IDEA)

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Individuals with Disabilities Education Act (IDEA), is an education law which requires public schools to meet the unique needs of eligible K–12 students with disabilities by providing services (Lee, 2021). Under IDEA, dyslexia is a condition that could qualify a student as having a specific learning disability (SLD), or a disability in understanding or using written or spoken language. Furthermore, the dyslexia or SLD may hinder the ability to listen, think, read, write, and/or spell.
References:

Lee, A. M. I. (2021, April 19). IDEA, Section 504, and the ADA: Which laws do what. Understood. https://www.understood.org/articles/en/at-a-glance-which-laws-do-what.

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Section 504 of the Rehabilitation Act (Section 504)

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Section 504 of the Rehabilitation Act (Section 504)

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Section 504 of the Rehabilitation Act (Section 504), is a civil rights law which prohibits disability discrimination at schools that get federal funding. Schools meet these requirements by removing barriers to learning and creating a "level" learning environment for all students(Lee, 2021).
Dyslexia and related disorders are protected under Section 504 and may be included as a specific learning disability under the IDEA. Students with dyslexia and related disorders and who receive the state’s standard dyslexia protocol are included under Section 504 (Texas Education Agency).
If student with dyslexia needs extra help or accommodations at school, he or she may get help through a Section 504 plan. A Section 504 plan helps students get necessary accommodations   to help them participate within learning environments and activities.

References:

Lee, A. M. I. (2021, April 19). IDEA, Section 504, and the ADA: Which laws do what. Understood. https://www.understood.org/articles/en/at-a-glance-which-laws-do-what.

Texas Education Agency. (n.d.). Section 504 Fact Sheet For Parents. TEA. https://tea.texas.gov/sites/default/files/section-504.pdf.

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Americans with Disabilities Act (ADA), is a civil rights law which prohibits disability discrimination by schools, employers, and anyone who offers goods and services to the public (Lee, 2021). Dyslexia can substantially impact a student's ability to read and learn, therefore under the ADA schools are required to make reasonable accommodations for students who qualify.
References:

Lee, A. M. I. (2021, April 19). IDEA, Section 504, and the ADA: Which laws do what. Understood. https://www.understood.org/articles/en/at-a-glance-which-laws-do-what.

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According to the Texas Education Agency, "Texas state law (TEC §38.003) requires that public school students be screened and tested as appropriate for dyslexia and related disorders at appropriate times in accordance with a program approved by the SBOE" (TEA, 2018).  Each student must be screened utilizing an approved program at the end of the kindergarten year and then again during first grade before January 31st of each year (TEA, 2018).

In 2002, the International Dyslexia Association (IDA) Board Members adopted the following definition, utilized by several states, "dyslexia is a specific learning disability that is neurobiological in origin, and is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction," ( IDA, 2002).

All educational staff should be trained concerning the cognitive and mental/emotional challenges caused by dyslexia.

Sources of Law Takeaways

1. IDEA is the law that provides special education for qualifying SLD.

2. Section 504 is the law that provides 504 plans for eligible K–12 students.

3. ADA provides freedom from discrimination at work or school.

Dyslexia is not a disease, it is life-long condition that has no cure and affects 13-14% of the national student population ( IDA, 2002).

Parents have the right to request a Section 504 Evaluation for their student, and may do so by contacting the school counselor.

School counselors should strive to contribute to a safe, nondiscriminatory school environment in which all students and staff demonstrate respect and appreciation (American School Counselor Association, 2016. A.10.a).

Characteristics of dyslexia may include problems in reading comprehension, which reduce a student's reading experience that can impedes growth of vocabulary and background knowledge ( IDA, 2002).

Early identification of dyslexia characteristics in students followed with early interventions will have significant impacts on the students future success (TEA, 2018, p.7)

References:

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors . SchoolCounselor.org. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf.

Definition of Dyslexia. International Dyslexia Association. (2018, July 16). https://dyslexiaida.org/definition-of-dyslexia/.

Lee, A. M. I. (2021, April 19). IDEA, Section 504, and the ADA: Which laws do what. Understood. https://www.understood.org/articles/en/at-a-glance-which-laws-do-what.

Texas Education Agency. (2018). The Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders. https://tea.texas.gov/sites/default/files/2018-Dyslexia-Handbook_Approved_Accomodated_12_11_2018.pdf

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Texas state law (TEC §38.003) requires that public school students be screened and tested as appropriate for dyslexia and related disorders at appropriate times in accordance with a program approved by the SBOE. The program approved by the SBOE must include screening for each student at the end of the kindergarten year and then again during first grade.

Texas Education Code §38.003 does not explicitly state when first grade students must be screened. The SBOE, through approval of the rule which requires adherence to the Dyslexia handbook (TAC §74.28) has determined that students in first grade must be screened no later than the middle of the school year. Screening of first-grade students can begin anytime in the fall as the teacher deems appropriate. Grade 1 screening must conclude no later than January 31 of each year.

Each LEA is required to report information regarding the number of students enrolled in the LEA or school who are identified as having dyslexia in the Texas Student Data System (TSDS) Public Education Information Management System (PEIMS)( (TEC §42.006(A-1)). The Department of Review and Support will engage in data validation in October of each year to ensure LEAs have met the required components of the dyslexia screening statute.

At the conclusion of the data validation process, the TEA will provide correspondence to the LEA acknowledging compliance with dyslexia screening requirements and may request additional information.

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Texas state law (TEC §38.003) requires that public school students be screened and tested as appropriate for dyslexia and related disorders at appropriate times in accordance with a program approved by the SBOE. The program approved by the SBOE must include screening for each student at the end of the kindergarten year and then again during first grade.

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Individuals with Disabilities Education Act

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Individuals with Disabilities Education Act (IDEA)

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The U.S. Department of Education’s Individuals with Disabilities Education Act website brings together department and grantee IDEA information and resources. The IDEA makes available a free appropriate public education to and ensures special education and related services to eligible children with disabilities.

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Throughout Texas, children with disabilities that prevent them from reading standard print are enjoying the world of reading through the Talking Book Program (TBP). TBP is a FREE service that allows students with a reading disability, like dyslexia, the opportunity to read. We offer more than 125,000 titles and 80 plus magazines, all read with human narration. Materials can be downloaded via the Braille and Audio Reading Download (BARD) Mobile app, on a smartphone or tablet.

The program is completely free, with no charges and no overdue fees. For more information, visit www.tsl.texas.gov/tbp/reading_disabilities send an email to services@tsl.texas.gov or give us a call at 1-800-252-9605. TBP staff will be happy to answer your questions and help you apply for service. We look forward to hearing from you.

The Talking Book Program

Texas State Library and Archives Commission

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santa rita elementary central high school

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Throughout Texas, children with disabilities that prevent them from reading standard print are enjoying the world of reading through the Talking Book Program (TBP). TBP is a FREE service that allows students with a reading disability, like dyslexia, the opportunity to read. We offer more than 125,000 titles and 80 plus magazines, all read with human narration.

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New on ADA.gov

Explore the new content we've added to ADA.gov

This document discusses and explains the requirements of the ADA's integration mandate and the Supreme Court's decision in Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999), as applied to segregated employment settings and facility-based day programs. In addition, this document provides a link to the Department's Federal Register notice, which provides more information about this guidance.

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Disability rights are civil rights. From voting to parking, the ADA is a law that protects people with disabilities in many areas of public life.

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Introduction | Interrelationship of IDEA and Section 504 | Protected Students | Evaluation | Placement |
Procedural Safeguards | Terminology

This document is a revised version of a document originally developed by the Chicago Office of the Office for Civil Rights (OCR) in the U.S. Department of Education (ED) to clarify the requirements of Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the area of public elementary and secondary education. The primary purpose of these revisions is to incorporate information about the Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, which amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504. The Amendments Act broadens the interpretation of disability. The Amendments Act does not require ED to amend its Section 504 regulations. ED's Section 504 regulations as currently written are valid and OCR is enforcing them consistent with the Amendments Act. In addition, OCR is currently evaluating the impact of the Amendments Act on OCR's enforcement responsibilities under Section 504 and Title II of the ADA, including whether any changes in regulations, guidance, or other publications are appropriate. The revisions to this Frequently Asked Questions document do not address the effects, if any, on Section 504 and Title II of the amendments to the regulations implementing the Individuals with Disabilities Education Act (IDEA) that were published in the Federal Register at 73 Fed. Reg. 73006 (December 1, 2008).
INTRODUCTION
An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability against students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concern identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ."

OCR enforces Section 504 in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104.

The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.

This resource document clarifies pertinent requirements of Section 504.

For additional information, please contact the Office for Civil Rights.
INTERRELATIONSHIP OF IDEA AND SECTION 504 1. What is the jurisdiction of the Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS) and state departments of education/instruction regarding educational services to students with disabilities?
OCR, a component of the U.S. Department of Education, enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against individuals with disabilities. OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance. The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Act) that affects the meaning of disability in Section 504. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Section 504. The Title II regulations applicable to free appropriate public education issues do not provide greater protection than applicable Section 504 regulations. This guidance focuses primarily on Section 504.

Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education. Title II prohibits discrimination on the basis of disability by state and local governments. The Office of Special Education and Rehabilitative Services (OSERS), also a component of the U.S. Department of Education, administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special education programs. Each state educational agency is responsible for administering IDEA within the state and distributing the funds for special education programs. IDEA is a grant statute and attaches many specific conditions to the receipt of Federal IDEA funds. Section 504 and the ADA are antidiscrimination laws and do not provide any type of funding.

2. How does OCR get involved in disability issues within a school district?

OCR receives complaints from parents, students or advocates, conducts agency initiated compliance reviews, and provides technical assistance to school districts, parents or advocates.

3. Where can a school district, parent, or student get information on Section 504 or find out information about OCR's interpretation of Section 504 and Title II?

OCR provides technical assistance to school districts, parents, and students upon request. Additionally, regulations and publicly issued policy guidance is available on OCR's website, at http://www.ed.gov/policy/rights/guid/ocr/disability.html.
4. What services are available for students with disabilities under Section 504?
Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.

5. Does OCR examine individual placement or other educational decisions for students with disabilities?

Except in extraordinary circumstances, OCR does not review the result of individual placement or other educational decisions so long as the school district complies with the procedural requirements of Section 504 relating to identification and location of students with disabilities, evaluation of such students, and due process. Accordingly, OCR generally will not evaluate the content of a Section 504 plan or of an individualized education program (IEP); rather, any disagreement can be resolved through a due process hearing. The hearing would be conducted under Section 504 or the IDEA, whichever is applicable.

OCR will examine procedures by which school districts identify and evaluate students with disabilities and the procedural safeguards which those school districts provide students. OCR will also examine incidents in which students with disabilities are allegedly subjected to treatment which is different from the treatment to which similarly situated students without disabilities are subjected. Such incidents may involve the unwarranted exclusion of disabled students from educational programs and services.

6. What protections does OCR provide against retaliation?

Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Section 504.

7. Does OCR mediate complaints?

OCR does not engage in formal mediation. However, OCR may offer to facilitate mediation, referred to as "Early Complaint Resolution," to resolve a complaint filed under Section 504. This approach brings the parties together so that they may discuss possible resolution of the complaint immediately. If both parties are willing to utilize this approach, OCR will work with the parties to facilitate resolution by providing each an understanding of pertinent legal standards and possible remedies. An agreement reached between the parties is not monitored by OCR.

8. What does noncompliance with Section 504 mean?

A school district is out of compliance when it is violating any provision of the Section 504 statute or regulations.

9. What sanctions can OCR impose on a school district that is out of compliance?

OCR initially attempts to bring the school district into voluntary compliance through negotiation of a corrective action agreement. If OCR is unable to achieve voluntary compliance, OCR will initiate enforcement action. OCR may: (1) initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings.

10. Who has ultimate authority to enforce Section 504?

In the educational context, OCR has been given administrative authority to enforce Section 504. Section 504 is a Federal statute that may be enforced through the Department's administrative process or through the Federal court system. In addition, a person may at any time file a private lawsuit against a school district. The Section 504 regulations do not contain a requirement that a person file a complaint with OCR and exhaust his or her administrative remedies before filing a private lawsuit.
STUDENTS PROTECTED UNDER SECTION 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. 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 an impairment; or (3) be regarded as having such an impairment. Section 504 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.

11. What is a physical or mental impairment that substantially limits a major life activity?

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. The Section 504 regulatory provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as 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 intellectual disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), 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. In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of "major bodily functions" that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid - the Section 504 regulatory provision's list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.

12. Does the meaning of the phrase "qualified student with a disability" differ on the basis of a student's educational level, i.e., elementary and secondary versus postsecondary?

Yes. At the elementary and secondary educational level, a "qualified student with a disability" is a student with a disability who is: of an age at which students without disabilities are provided elementary and secondary educational services; of an age at which it is mandatory under state law to provide elementary and secondary educational services to students with disabilities; or a student to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (IDEA).

At the postsecondary educational level, a qualified student with a disability is a student with a disability who meets the academic and technical standards requisite for admission or participation in the institution's educational program or activity.

13. Does the nature of services to which a student is entitled under Section 504 differ by educational level?

Yes. Public elementary and secondary recipients are required to provide a free appropriate public education to qualified students with disabilities. Such an education consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.

At the postsecondary level, the recipient is required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program. Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden.

14. Once a student is identified as eligible for services under Section 504, is that student always entitled to such services?

Yes, as long as the student remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Section 504.

15. Are current illegal users of drugs excluded from protection under Section 504?

Generally, yes. Section 504 excludes from the definition of a student with a disability, and from Section 504 protection, any student who is currently engaging in the illegal use of drugs when a covered entity acts on the basis of such use. (There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs).

16. Are current users of alcohol excluded from protection under Section 504?

No. Section 504's definition of a student with a disability does not exclude users of alcohol. However, Section 504 allows schools to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities.
EVALUATION
At the elementary and secondary school level, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Section 504 requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials.

17. What is an appropriate evaluation under Section 504?

Recipient school districts must establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need special education and/or related services because of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districts to individually evaluate a student before classifying the student as having a disability or providing the student with special education. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the student's aptitude or achievement or other factor being measured rather than reflect the student's disability, except where those are the factors being measured. Section 504 also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel.

18. How much is enough information to document that a student has a disability?

At the elementary and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504.

19. What process should a school district use to identify students eligible for services under Section 504? Is it the same process as that employed in identifying students eligible for services under the IDEA?

School districts may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under the IDEA. If school districts choose to adopt a separate process for evaluating the needs of students under Section 504, they must follow the requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35.

20. May school districts consider "mitigating measures" used by a student in determining whether the student has a disability under Section 504?

No. As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using. This is a change from prior law. Before January 1, 2009, school districts had to consider a student's use of mitigating measures in determining whether that student had a physical or mental impairment that substantially limited that student in a major life activity. In the Amendments Act (see FAQ 1), however, Congress specified that the ameliorative effects of mitigating measures must not be considered in determining if a person is an individual with a disability.

Congress did not define the term "mitigating measures" but rather provided a non-exhaustive list of "mitigating measures." The mitigating measures are as follows: medication; medical supplies, equipment or appliances; low-vision devices (which do not include ordinary eyeglasses or contact lenses); prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.

Congress created one exception to the mitigating measures analysis. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activity. "Ordinary eyeglasses or contact lenses" are lenses that are intended to fully correct visual acuity or eliminate refractive error, whereas "low-vision devices" (listed above) are devices that magnify, enhance, or otherwise augment a visual image.

21. Does OCR endorse a single formula or scale that measures substantial limitation?

No. The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student. The Section 504 regulatory provision at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon information from a variety of sources in making this determination.

22. Are there any impairments which automatically mean that a student has a disability under Section 504?

No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.

23. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE?

No. A physician's medical diagnosis may be considered among other sources in evaluating a student with an impairment or believed to have an impairment which substantially limits a major life activity. Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. As noted in FAQ 22, the Section 504 regulations require school districts to draw upon a variety of sources in interpreting evaluation data and making placement decisions.

24. Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504?

No. A medical diagnosis of an illness does not automatically mean a student can receive servicesunder Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity. For example, a student who has a physical or mental impairment would not be considered a student in need of services under Section 504 if the impairment does not in any way limit the student's ability to learn or other major life activity, or only results in some minor limitation in that regard.

25. How should a recipient school district handle an outside independent evaluation? Do all data brought to a multi-disciplinary committee need to be considered and given equal weight?

The results of an outside independent evaluation may be one of many sources to consider. Multi-disciplinary committees must draw from a variety of sources in the evaluation process so that the possibility of error is minimized. All significant factors related to the subject student's learning process must be considered. These sources and factors include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior, among others. Information from all sources must be documented and considered by knowledgeable committee members. The weight of the information is determined by the committee given the student's individual circumstances.

26. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?

A school district must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent.

27. Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section 504?

The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.

28. Once a student is identified as eligible for services under Section 504, is there an annual or triennial review requirement? If so, what is the appropriate process to be used? Or is it appropriate to keep the same Section 504 plan in place indefinitely after a student has been identified?

Periodic re-evaluation is required. This may be conducted in accordance with the IDEA regulations, which require re-evaluation at three-year intervals (unless the parent and public agency agree that re-evaluation is unnecessary) or more frequently if conditions warrant, or if the child's parent or teacher requests a re-evaluation, but not more than once a year (unless the parent and public agency agree otherwise).

29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done?

Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement. OCR considers an exclusion from the educational program of more than 10 school days a significant change of placement. OCR would also consider transferring a student from one type of program to another or terminating or significantly reducing a related service a significant change in placement.

30. What is reasonable justification for referring a student for evaluation for services under Section 504?

School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services.

31. A student is receiving services that the school district maintains are necessary under Section 504 in order to provide the student with an appropriate education. The student's parent no longer wants the student to receive those services. If the parent wishes to withdraw the student from a Section 504 plan, what can the school district do to ensure continuation of services?

The school district may initiate a Section 504 due process hearing to resolve the dispute if the district believes the student needs the services in order to receive an appropriate education.

32. A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?

The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom.

33. How should a recipient school district view a temporary impairment?

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. The issue of whether a temporary impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual.

In the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
34. Is an impairment that is episodic or in remission a disability under Section 504?
Yes, under certain circumstances. In the Amendments Act (see FAQ 1), Congress clarified that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. A student with such an impairment is entitled to a free appropriate public education under Section 504.
PLACEMENT
Once a student is identified as being eligible for regular or special education and related aids or services, a decision must be made regarding the type of services the student needs.

35. If a student is eligible for services under both the IDEA and Section 504, must a school district develop both an individualized education program (IEP) under the IDEA and a Section 504 plan under Section 504?

No. If a student is eligible under IDEA, he or she must have an IEP. Under the Section 504 regulations, one way to meet Section 504 requirements for a free appropriate public education is to implement an IEP.

36. Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"?

No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE). This is consistent with the Amendments Act (see FAQ 1), in which Congress clarified that an individual who meets the definition of disability solely by virtue of being "regarded as" disabled is not entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures. The phrases "has a record of disability" and "is regarded as disabled" are meant to reach the situation in which a student either does not currently have or never had a disability, but is treated by others as such.

As noted in FAQ 34, in the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

37. What is the receiving school district's responsibility under Section 504 toward a student with a Section 504 plan who transfers from another district?

If a student with a disability transfers to a district from another school district with a Section 504 plan, the receiving district should review the plan and supporting documentation. If a group of persons at the receiving school district, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options determines that the plan is appropriate, the district is required to implement the plan. If the district determines that the plan is inappropriate, the district is to evaluate the student consistent with the Section 504 procedures at 34 C.F.R. 104.35 and determine which educational program is appropriate for the student. There is no Section 504 bar to the receiving school district honoring the previous IEP during the interim period. Information about IDEA requirements when a student transfers is available from the Office of Special Education and Rehabilitative Services at http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

40. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the district fails to implement the plans?

Regular education teachers must implement the provisions of Section 504 plans when those plans govern the teachers' treatment of students for whom they are responsible. If the teachers fail to implement the plans, such failure can cause the school district to be in noncompliance with Section 504.

41. What is the difference between a regular education intervention plan and a Section 504 plan?

A regular education intervention plan is appropriate for a student who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students. Some districts employ teams at individual schools, commonly referred to as "building teams." These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping students in need of assistance. These teams are typically composed of regular and special education teachers who provide ideas to classroom teachers on methods for helping students experiencing academic or behavioral problems. The team usually records its ideas in a written regular education intervention plan. The team meets with an affected student's classroom teacher(s) and recommends strategies to address the student's problems within the regular education environment. The team then follows the responsible teacher(s) to determine whether the student's performance or behavior has improved. In addition to building teams, districts may utilize other regular education intervention methods, including before-school and after-school programs, tutoring programs, and mentoring programs.
PROCEDURAL SAFEGUARDS
Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services.

42. Must a recipient school district obtain parental consent prior to conducting an initial evaluation?

Yes. OCR has interpreted Section 504 to require districts to obtain parental permission for initial evaluations. If a district suspects a student needs or is believed to need special instruction or related services and parental consent is withheld, the IDEA and Section 504 provide that districts may use due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.

43. If so, in what form is consent required?

Section 504 is silent on the form of parental consent required. OCR has accepted written consent as compliance. IDEA as well as many state laws also require written consent prior to initiating an evaluation.

44. What can a recipient school district do if a parent withholds consent for a student to secure services under Section 504 after a student is determined eligible for services?

Section 504 neither prohibits nor requires a school district to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special education and related services. Nonetheless, school districts should consider that IDEA no longer permits school districts to initiate a due process hearing to override a parental refusal to consent to the initial provision of services.

45. What procedural safeguards are required under Section 504?

Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation by counsel and a review procedure.
46. What is a recipient school district's responsibility under Section 504 to provide information to parents and students about its evaluation and placement process?
Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.

47. Is there a mediation requirement under Section 504?

No.
TERMINOLOGY
The following terms may be confusing and/or are frequently used incorrectly in the elementary and secondary school context.

Equal access: equal opportunity of a qualified person with a disability to participate in or benefit from educational aid, benefits, or services

Free appropriate public education (FAPE): a term used in the elementary and secondary school context; for purposes of Section 504, refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards

Placement: a term used in the elementary and secondary school context; refers to regular and/or special educational program in which a student receives educational and/or related services

Reasonable accommodation: a term used in the employment context to refer to modifications or adjustments employers make to a job application process, the work environment, the manner or circumstances under which the position held or desired is customarily performed, or that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment; this term is sometimes used incorrectly to refer to related aids and services in the elementary and secondary school context or to refer to academic adjustments, reasonable modifications, and auxiliary aids and services in the postsecondary school context

Reasonable modifications: under a regulatory provision implementing Title II of the ADA, public entities are required to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity

Related services: a term used in the elementary and secondary school context to refer to developmental, corrective, and other supportive services, including psychological, counseling and medical diagnostic services and transportation

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special education; disabilities; disability discrimination; fape; free appropriate public education

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Frequently Asked Questions about Section 504 requirements for the education by school districts of students with disabilities

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As a professional school counselor, my goal is to enhance student’s mental health, increase academic performance, and improve campus climate. According the the American School Counselor Association (ASCA) Ethical Standards for School Counselor (2016), school counselors conduct school counseling program assessments to determine the effectiveness of activities supporting students’ academic, career and social/emotional development through accountability measures, especially examining efforts to close information, opportunity and attainment gaps (American School Counselor Association, 2016. A.13.i). Research indicates that dyslexia can can students a number of academic challenges, as well as emotional, social, and mental difficulties. It is vital that students with dyslexia receive necessary academic accommodations, however routine evaluations and assessments should be completed to ensure students are developing communication skills, positive self-awarenss, and social relationships. As a school counselor and student advocate, my goal is to see diverse learners be and fell successful in a safe and respectful learning environment.
References:

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors . SchoolCounselor.org. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf.

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At a glance

The Individuals with Disabilities Education Act (IDEA) requires public schools to provide special education services to eligible students.

IDEA covers 13 disability categories.

Not every student who struggles in school qualifies.

The Individuals with Disabilities Education Act (IDEA) requires public schools to provide special education and related services to eligible students. But not every child who struggles in school qualifies. To be covered, a child's school performance must be "adversely affected" by a disability in one of the 13 categories below.

1. Specific learning disability (SLD)

The "specific learning disability" (SLD) category covers a specific group of learning challenges. These conditions affect a child's ability to read, write, listen, speak, reason, or do math. Here are some examples of what could fall into this category:

SLD is the most common category under IDEA. In the 2018-19 school year, around 33 percent of students who qualified did so under this category.

2. Other health impairment

The "other health impairment" category covers conditions that limit a child's strength, energy, or alertness. One example is ADHD, which impacts attention and executive function.

3. Autism spectrum disorder (ASD)

ASD is a developmental disability. It involves a wide range of symptoms, but it mainly affects a child's social and communication skills. It can also impact behavior.

Various mental health issues can fall under the "emotional disturbance" category. They may include anxiety disorder, schizophrenia, bipolar disorder, obsessive-compulsive disorder, and depression. (Some of these may also be covered under "other health impairment.")

5. Speech or language impairment

This category covers difficulties with speech or language. A common example is stuttering. Other examples are trouble pronouncing words or making sounds with the voice. It also covers language problems that make it hard for kids to understand words or express themselves.

6. Visual impairment, including blindness

A child who has eyesight problems is considered to have a visual impairment. This category includes both partial sight and blindness. If eyewear can correct a vision problem, then it doesn't qualify.

Kids with a diagnosis of deafness fall under this category. These are kids who can't hear most or all sounds, even with a hearing aid.

The term "hearing impairment" refers to a hearing loss not covered by the definition of deafness. This type of loss can change over time. Being hard of hearing is not the same thing as having trouble with auditory or language processing.

Kids with a diagnosis of deaf-blindness have both severe hearing and vision loss. Their communication and other needs are so unique that programs for just the deaf or blind can't meet them.

10. Orthopedic impairment

An orthopedic impairment is when kids lack function or ability in their bodies. An example is cerebral palsy.

11. Intellectual disability

Kids with this type of disability have below-average intellectual ability. They may also have poor communication, self-care, and social skills. Down syndrome is one example of a condition that involves an intellectual disability.

12. Traumatic brain injury

This is a brain injury caused by an accident or some kind of physical force.

13. Multiple disabilities

A child with multiple disabilities has more than one condition covered by IDEA. Having multiple issues creates educational needs that can't be met in a program designed for any one disability.

Having a disability is not enough to qualify for special education. The disability has to have an "adverse effect" on a child's education.

Key takeaways

Each of the 13 disability categories in IDEA can cover a range of difficulties.

Dyslexia, dyscalculia, and written expression disorder fall under the "specific learning disability" category.

"Other health impairment" can cover ADHD.

About the author

About the author

Andrew M.I. Lee, JD is an editor and attorney who strives to help people understand complex legal, education, and parenting issues.

Reviewed by

Reviewed by

Rayma Griffin, MA, MEd has spent 40 years working with children with learning and thinking differences in the classroom and as an administrator.

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The Individuals with Disabilities Education Act (IDEA) requires public schools to provide special education services to eligible students. IDEA covers 13 disability categories. Not every student who struggles in school qualifies. The Individuals with Disabilities Education Act (IDEA) requires public schools to provide special education and related services to eligible students.

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As a parent, I always saw my children as bright and enthusiastic learners, until my youngest son was half-way through 3rd grade. Although, we routinely read and he met state assessment standards, he was constantly frustrated and struggling with fluency. Overall, he was physically and socially immature compared to his peers. The decision was made to retain him, which led to testing for dyslexia. It became clear that he had devised his own strategies to master reading challenges and learned to compensate his feelings of being inadequate with being class clown. As a parent it was important that I understand my rights concerning my child's education, in addition, to his rights as a student with a disability. My son is now a bright and enthusiastic learner because the learning field has now been "leveled" with accommodations that meet his personal needs. As a school counselor, my goal is help students and parents understand their educational rights, and to help teachers understand that all students should be bright and enthusiastic learners.