Section 504 of the Rehabilitation Act of 1973 - Complaint and Review Process
Section 504 of the Rehabilitation Act of
1973 is a federal statute that prohibits discrimination on the basis of
disability in school admission and educational programs. The purpose of this Complaint and Review
Process is to provide a structure for bringing about resolution and
reconciliation when disagreements arise between a school family and the school
arising out of a student’s physical or mental impairment or disability. [Note that by adhering to Section 504 the archdiocese is not waiving any legal exceptions or exemptions that may apply to it as a religious nonprofit organization.]
Everyone involved in the Complaint and
Review Process is to be free from restraint, coercion, discrimination, or
retaliation in any form. The Complaint and Review Process should be followed when
issues arise at the school relating to a child’s disability, and the parties
have been unable to reach a resolution with the child’s teachers or other
members of the school staff.
The definition of a disability under
Section 504 is a mental or physical impairment that substantially limits a major
life activity. Major life activities include breathing, speaking, walking,
eating, working, learning, etc. Under Section 504, the standard for a covered
private school to provide services to a student with a disability differs from
that of a public institution. A public school must provide a student with a
disability with “reasonable accommodations” to assist him/her in accessing the
education provided in a general education classroom. In contrast, Section 504
only requires certain private schools to make “minor adjustments”—a different
and lesser standard than “reasonable accommodations”—to their programs for
students with disabilities.
The minor adjustments provided by the
school must be documented in order to comply with the requirements of Section 504.
In the public school, this documentation is called a Section 504 Plan. A
Section 504 Plan applies only to the school that creates the document. It is
not transferable and is not applicable to a private school. So, if parents/guardians have a Section 504 Plan that was written for their child by a public school or
any other school, that plan is not valid at your school. The minor adjustments
provided by the school are documented in the STEP process and in the STEP and
are compliant with Section 504.
In the event of a disagreement arising out
of a child’s physical or mental impairment or disability, the school shall
adhere to the process that follows.
8-16-2022