tion over Section 504. Its primary responsibilities include investigating
complaints, conducting compliance reviews, and providing technical assistance. The
regional OCR office representing New Mexico is located at

U.S. Department of Education
Office of Civil Rights, Region VIII
1244 Speer Boulevard, Suite 310
Denver, Colorado 80204-3582
(303) 844-5695, TTY (303) 844-3417
Website:
http://www.ed.gov/about/offices/list/ocr/index.html

New Mexico Public Education Department

N
otice Of
N
ondiscrimination

It is the policy of the New Mexico Public Education Department that no
person shall, on the basis of race, sex, color, national origin, age, or
disability, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal
assistance. Equal opportunity is a priority of the New Mexico Public
Education Department.
The State of New Mexico
Guidelines for Educators and Adminstrators for
Implementing Section 504

of the Rehabilitation Act of 1973


June 2007


Governor


Bill Richardson

Office of the Secretary of Education

Dr. Veronica García, Secretary of Education
Dr. Catherine Cross Maple, Deputy Secretary of Education
Dr. Karen K. Harvey, Assistant Secretary for Quality Assurance
and Systems Integration
Dr. Sheila Hyde, Director, Quality Assurance Bureau

New Mexico Public Education Commission


Ms. Millie Pogna, Albuquerque

Ms. Catherine M. Smith, Mimbres
Ms. Karen Haughness, Capitan
Mr. Dennis James Roch, Texico
Mr. Eugene E. Gant, Las Cruces
Mr. M. Andrew Garrison, Albuquerque
Ms. Mavis Price, Thoreau
Ms. Kathryn K. Krivitzky, Albuquerqeue
Ms. Aileen Garcia, Santa Fe



The Secretary of Education would like to acknowledge the following individuals and
Bureaus at the New Mexico Public Education Department (NMPED) for their
assistance with this project:

John Copenhaver and Staff at Mountain Plains Regional Resource Center, an affiliate of
the Center for Persons with Disabilities at Utah State University

NMPED Quality Assurance Bureau

NMPED Special Education Bureau

NMPED School and Family Support Bureau

NMPED Career and Technical Workforce Education Bureau

This document is also available on the
New Mexico Public Education Departments website at
http://www.ped.state.nm.us/
. Click on the link for Parents/Students.


Table
of Contents


I.
Overview of Section 504 ..1

II. Procedural
Requirements.11

III. Eligibility and Determination of Section 504 Services.25

IV. Strategies,
Accommodations, and Services.33

V. Appendices41

A. Section 504 of the Rehabilitation Act of 1973
Regulations..45
B. Sample Forms for Section 504.51
C. OCR Questions and Answers: Clarification
of Policy for 504 .....77
D. Acronyms and Definitions .85
E. A Comparison of IDEA, 504, and ADA ...89
F. Examples of Disabilities and Suggested
Accommodations.97
G. Examples of Section 504 Discrimination..117
H. Summary of Section 504 Regulations Subparts..119
I. Web Links .125










New Mexico Public Education Department: Section 504 Guide


1


.
Overview
of Section 504




New Mexico Public Education Department: Section 504 Guide


2








New Mexico Public Education Department: Section 504 Guide


3
Section 504An Overview

What is Section 504?
Section 504 is federal civil rights law under the Rehabilitation Act of 1973. It provides
protection against discrimination for individuals with disabilities

How does Section 504 relate to schools?
Students in school settings fall under the protection of Section 504 and prohibits
discrimination on the basis of disability from all school programs and activities in both
public and private schools receiving direct or indirect federal funding. Section 504 is the
other service option available to students with disabilities, but who are not already
eligible and receiving special education services under the eligibility
requirements of the Individuals with Disabilities Education Act (IDEA). It is
designed to provide equal access and fairness in general education to students with
disabilities, thereby leveling the playing field for them through what is known as a
Section 504 Accommodation Plan. It is not a plan designed to enhance a students
performance. It is only a plan to provide fairness and equal access to education.

Who is eligible for a Section 504 Accommodation Plan?
A student is eligible and entitled to a Section 504 Accommodation Plan if an evaluation
shows that the individual has a mental or physical impairment that substantially
limits one or more major life activities and it impacts the students education.

Where does the process start? How does Section 504 relate to the Three-Tier
Model of Student Intervention?
The Student Assistance Team (SAT) is the starting point to consider whether or not a
student needs to be evaluated for a Section 504 Plan. When a student has not
responded positively to interventions in a SAT intervention Plan and/or has a suspected
disability, the SAT may determine that it needs to consider this option. Thus, a Section
504 Plan is a Tier II intervention part of an early intervention and response to
intervention (RtI) framework.

Who makes up a Section 504 Team?
Responsibility for considering and developing a Section 504 Accommodation Plan
consists of a core group that includes the principal or administrator, referring and/or
classroom teacher, school counselor, and parentvirtually the same as the core
members of the SAT. In fact, the SAT in many cases may also be the schools
Section 504 Team
.


Is Section 504 funded like other federal programs?
No. There is no State or federal funding provided to assist in
complying with Section 504. All costs are the obligation of the
general school district budget. Many schools have established a
Section 504 line item in their general fund budget to cover
necessary accommodations for individuals with disabilities.
New Mexico Public Education Department: Section 504 Guide


4

What are the parts of the Section 504 law?
Section 504 has several areas of particular importance for schools:

Subpart BEmployment Practices
Subpart CProgram accessibility
Subpart DRequirements for pre-school, elementary, and
secondary education
Subpart ERequirements for Post Secondary Education

A summary of all parts of the Section 504 regulations is included in Appendix H (page
119) of this guide. This guide will primarily address Subpart D of the regulation which is
relevant to schools.



Three Required Elements of Section 504

1. Eligibility process for 504 is not the first step in determining the needs of students.
The first step begins with the schools Student Assistance Team (SAT) process who
determines if the student has a need that warrants evaluation.
2. The determination of impairment must limit a major life activity. Courts have said it
muse be pervasive, not a situational or a skill-specific disability.
3. Limitation on the major overall life activity must be substantial, not mild or moderate,
and it must impact the students education.

All schools and public agencies must comply with the following seven
requirements: Provide written assurances of nondiscrimination when applying for federal funds. Take steps to eliminate discrimination against individuals with disabilities. Appoint a 504/ADA Coordinator for local educational agencies with 15 or more
employees to coordinate efforts to comply with this law.

Best Practice
Even if a district/school has fewer than 15 employees,
they should appoint a Section 504/ADA Coordinator.
Develop an ongoing process to locate and identify children who are not receiving
services. Provide public notice regarding nondiscrimination and responsibilities. Develop a grievance procedure.
Conduct a self-evaluation of their programs and activities to ensure facilities are
accessible and discriminatory practices are eliminated
.
New Mexico Public Education Department: Section 504 Guide


5

Subpart D: Requirements for Preschool,
Elementary, Middle Level/Junior High,
and Secondary Education

Preschool, elementary, middle level/junior high and secondary programs must take into
account the needs of qualified persons with disabilities in determining the aid, benefits,
or services to be provided under these programs or activities. The school must provide
a free appropriate public education (FAPE) to students with disabilities in its jurisdiction
who are eligible under Section 504.


Although Section 504 does not require schools to develop an Individualized Education
Program (IEP) with annual goals, it is required that the schools provide written
documentation for each eligible student. If the SAT suspects a need for
accommodation, a referral should be made, evaluations conducted, and possible
eligibility determined by a