Process for Determining Eligibility

Parents, school personnel, or students themselves may initiate a Section 504 referral if the student has or is suspected to have a disability. Referrals should be directed to the campus-level Section 504 coordinator who will obtain parent consent and convene a Section 504 initial evaluation to determine if the student is eligible under Section 504. The campus Section 504 committee will review a variety of sources of data (e.g., parent input, previous school evaluations, medical reports, psychological evaluations, teacher input, standardized test results, discipline records, school health information, work samples, and attendance history. While the Section 504 committee will consider the recommendations provided by doctors or other professionals who work with the child, it is the Section 504 team’s responsibility to document the review of multiple sources of information to determine Section 504 eligibility. 

Section 504 Plans

If the Section 504 committee determines that the student is eligible under Section 504, they should consider, on an individual basis, the services and accommodations which enable the student to access the educational environment. Services and accommodations are documented within the Section 504 plan and provided to parents and campus staff who provide instruction and supports to the child. Of note, an accommodation changes how a student participates in the educational environment to overcome challenges or barriers presented by their disability. 

The 504 committee should meet annually to monitor student progress to determine when adjustments to the Section 504 plan should be made. The committee should meet every three years to reevaluate the student’s eligibility. Aside from the minimum requirements, parents may request meetings to review plans or consider additional eligibility as needed by contacting the campus Section 504 coordinator.

Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination against individuals with disabilities. Title II of the Americans with Disabilities Act of 1990 (ADA) extends this prohibition against discrimination to the full range of state and local government services, programs, or activities. Together, Calhoun County Independent School District (CCISD) refers to these laws as “Section 504.” Please review these helpful documents to learn more: 

Section 504 Family Guidance_English
Section 504 Family Guidance_Spanish

Child Find

Section 504 of the Rehabilitation Act places the responsibility for identifying and locating students with disabilities on the school. A school/district must annually undertake efforts to "identify and locate" every qualified individual with a disability residing in the school's jurisdiction who is not receiving a public education. 

If you suspect a child has a disability that requires services under Section 504 of the Rehabilitation Act, please contact your child's home campus. Parents of children attending private schools or home schools can also request a Section 504 evaluation by contacting their child's home campus, as well. For more information Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools.

Relationship with Section 504 and IDEA

Please note that Section 504, a civil rights law, is different from the Individuals with Disabilities Education Act (“IDEA”), a funding statute. Both the IDEA and Section 504 guarantee students with disabilities access to a free and appropriate public education. However, there are major differences between them, specifically in the criteria used to determine eligibility and the definition of a free and appropriate public education. For a student to receive special education services under the IDEA, the student’s educational performance must be adversely affected by the disability and the child must be in need of special education services (i.e. specially designed instruction). Section 504 is not limited to specific disability categories and does not require evidence that the disability adversely affects the student’s educational performance. Students who are found not to be eligible for services under the IDEA may be eligible for accommodations under Section 504.

While students who are eligible under IDEA are also often considered to be students with disabilities protected from discrimination under Section 504, all accommodations for the student’s disability are made through the IDEA process. Students who qualify for special education programs and services with a disability listed in the IDEA have their educational plan written in an IEP. That is, a student should not have an Individualized Education Program or “IEP” under the IDEA and also a 504 Plan. Moreover, the Section 504 plan usually outlines the accommodations and services that will allow a child to access the curriculum. A Section 504 plan is less specific than an IEP. 

Parent Rights 

Parents are entitled to the following procedural safeguards under Section 504: 

- Notice of any action related to the identification of their child as a student with a disability
- Notice regarding any evaluation of their child to determine eligibility under Section 504 

- Notice regarding the accommodations plan or placement for their child under Section 504

- Notice regarding changes in the identification, evaluation, or placement of their child
- An opportunity to review records relevant to their child’s identification, evaluation, or placement under Section 504 

- An impartial hearing to contest a school decision regarding the identification, evaluation, or placement of their child, with an opportunity for participation by the parent with or without representation by counsel 

- An opportunity for an impartial review of the impartial hearing officer’s decision

Accommodations for students with disabilities provide students with effective and equitable access to grade-level or course curriculum, as well as demonstration of proficiency on classroom and statewide assessments. For the purpose of statewide assessments, students needing accommodations include:
- Students with an identified disability who receive special education or Section 504 services and meet established eligibility criteria for certain accommodations
- Students with a disabling condition who do not receive special education or Section 504 services but meet established eligibility criteria for certain accommodations.

For students who receive special education or Section 504 services, the decision for a student to use accommodations during the statewide assessments is made by either an ARD or Section 504 Committee and must meet the specific eligibility criteria for the specific accommodations chosen as indicated by the Texas Education Agency. Although a student may meet the eligibility criteria, accommodations must be practiced and utilized regularly in the classroom. Understanding the basic principles of accommodations helps ensure their appropriate use in all educational settings. For additional information about accommodations on state testing through Section 504, please visit the TEA website: Information About 504 Accommodations for Standardized Testing

Of note, students with an identified disability who receive Section 504 services MUST meet all state requirements for grade promotion (Student Success Initiative) and graduation requirements (End of Course STAAR).

Accommodations for College Entrance Exams

College Board (SAT, PSAT, AP)

Students with documented disabilities may be eligible for accommodations on College Board exams. Before students with disabilities can take the SAT, SAT Subject Tests, PSAT/NMSQT, PSAT10, or Advanced Placement exams with accommodations-such as extended time or the use of a computer-their request for accommodations must be approved by Services for Students with Disabilities (SSD) through the College Board. CCISD-enrolled students and families may work with their campus SSD coordinator to make the request for accommodations through the College Board SSD Online system.