Section 504

Section 504 of the Rehabilitation Act of 1973 and the American with Disabilities Act (ADA) requires that the Killeen Independent School District not discriminate on the basis of disability in any district program or activity. The district will identify, evaluate, and provide an appropriate public education to students who are disabled under Section 504, including homeless children.

Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met. Section 504 states that: "No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, 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...." [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)].

An individual with a disability means any person who:

- has a mental or physical impairment which substantially limits one or more major life activity;
- has a record of such an impairment; or
- is regarded as having such an impairment" [34 C.F.R. §104.3(j)(1)].

An impairment as used in Section 504 may include any disability, long-term illness, or various disorder that "substantially" reduces or lessens a student's ability to access learning in the educational setting because of a learning-, behavior-, or health-related condition. ["It should be emphasized that a physical or mental 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" (Appendix A to Part 104, #3)].

A student may be referred to a campus committee for review under section 504 by a parent or school personnel.

As a parent or legal guardian, you have the right to:

- Receive notice regarding the identification, evaluation, and/or placement of your child;
- Examine relevant records pertaining to your child;
- File a complaint with your school district Section 504 Specialist, who will investigate the allegations regarding Section 504 matters other than your child's identification, evaluation, and placement.
- Request an impartial hearing with respect to the district's actions regarding the identification, evaluation, or placement of your child, with an opportunity for the parent/guardian to participate in the hearing, to have representation by an attorney, and have a review procedure;
- File a complaint with the appropriate regional Office for Civil Rights.

Office for Civil Rights, Region VI
1999 Bryan Street, Suite 160
Dallas, Texas 75201-6810
Telephone (214) 661-9600