Section 504 in WNESU

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights statute prohibiting discrimination on the basis of disability. It specifically prohibits discrimination against
students with disabilities and guarantees them a free and appropriate public education (FAPE). Every entity, including public and independent schools, that receives federal funding, directly or indirectly is subject to the requirements of Section 504. There is no federal or state funding provided to assist schools in complying with Section 504; all costs are the obligation of the general school district or independent school budget.

Section 504 prohibits discrimination on the basis of disability which is defined in the Rehabilitation Act as a failure to provide students with disabilities the same opportunity to benefit from educational programs, services, or activities as provided to their nondisabled peers. This means that districts/schools must make programs and activities accessible as well as the buildings and grounds. As a civil rights statute, Section 504 focuses on ensuring a level of access to educational services (including both academic and extracurricular activities) that is equal to the level of access provided to non-disabled students. This includes providing eligible students who have a physical or mental disability with a free appropriate public education (FAPE).

34 C.F.R. §§104.7 and 104.8 require schools to notify parents and others that the school does not discriminate on the basis of handicap; the school’s notice shall identify the responsible employee designated to coordinate compliance with Section 504 and of the availability of a grievance procedure to address complaints regarding Section 504 of the Rehabilitation Act.

If you have questions about Section 504 eligibility for students, or need to discuss a grievance procedure, please contact WNESU District 504 Coordinator Shelley Wilson (shelley.wilson@wnesu.com).