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Section 504

Section 504

Protected individuals include any student with an impairment who may be discriminated against solely because of having the impairment. A team of individuals knowledgeable about the student determines if the student qualifies for Section 504.

A person may be considered disabled under the definition of Section 504 if the individual:

  1. has a mental or physical impairment which substantially limits one or more of the individual’s major life activities,
  2. has a record of such an impairment, or
  3. is regarded as having such impairment.

When a condition does not substantially limit a major life activity, the individual does not qualify for services under Section 504.

Physical impairment — any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, cardiovascular, reproductive, digestive, respiratory, genitourinary, hemic or lymphatic, skin and endocrine.

Mental impairment — any mental or psychological disorders, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

  • The statutory definition of “major life activity” includes functions such as: caring for one’s self, performing manual tasks, walking, hearing, seeing, breathing, working, or learning. The list is not exhaustive. Often timelines can be major life activities for purposes of Section 504.

    For example, court decisions have added other functions such as sitting, stooping, reaching, and eating.

  • “Substantially limits” means that the individual:

    1. cannot perform a major life activity that the average person in the general population can perform; or
    2. is significantly restricted as to the condition, manner, or duration under which the individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform the same major life activity. This determination is made only on a case-by-case basis.

  • Referral for Section 504 consideration/services does not necessarily mean the student is eligible for Section 504 services. A child’s identified disability does not automatically result in eligibility for Section 504 services. Students who are found ineligible for special education and related services may not be automatically eligible for Section 504 services. It is the school Section 504 Committee’s responsibility to make an eligibility determination for each student.

  • In accordance with §504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act of 1990 (ADA), Dinwiddie County Public Schools provides you with the following procedural safeguards in relation to your child:

    1. You have the right to receive a copy of this notice upon the school division’s identification, evaluation, refusal to provide an evaluation, educational placement, denial of educational placement of your child, and before any significant change in your child’s placement.
    2. You have the right to an opportunity to examine all relevant records for your child.
    3. You have a right to an informal review of disagreements you may have with decisions regarding eligibility and/or accommodations for your student under Section 504. This informal review cannot be used for disagreements regarding discipline or manifestation determination decisions.
    4. You have the right to file a grievance with the school division over an alleged violation of the Section 504 or ADA regulations.
    5. You have the right to an impartial hearing, with participation by you and representation by your counsel, for disputes concerning the identification, evaluation, or educational placement of your child.
    6. You have the right to a review of an impartial hearing officer’s final decision if you disagree with that decision.

    The Section 504/ADA Coordinator for Dinwiddie County Public Schools is the Director of Special Education and may be contacted at the following telephone number: 804-469-4190. Please contact the Section 504/ADA Coordinator regarding any questions related to Section 504 or the ADA. You may obtain a copy of Dinwiddie County Public Schools Guidelines for Compliance with Section 504 Requirements by contacting the Section 504/ADA Coordinator at the above telephone number or at Dinwiddie County Public Schools Web site. Please note that all grievances and requests for informal reviews, impartial hearings, and reviews must be in writing and submitted to the Section 504/ADA Coordinator at the following address:

    Section 504/ADA Coordinator
    Dinwiddie County Public Schools
    P. O. Box 7
    Dinwiddie, VA 23841