Section 504 Overview

Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal funds from the U.S. Department of Education (USDOE).  Section 504 provides that: “No otherwise qualified individual with a disability in the United States… shall, solely by reason of his or her 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…” [34 C.F.R. §104.4(a)]

The Office of Civil Rights enforces Section 504 in programs and activities that receive funds from the USDOE. Recipients of these funds include public school districts, institutions of higher education, and other state and local education agencies. The regulation implementing Section 504 in the context of educational institutions appears at 34 C.F.R. Part 104.

The Section 504 regulation requires a school district to provide a “free appropriate public education” (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability. FAPE consists of the provision of regular or special education and related aids and services designed to meet the student’s individual needs.

Child Find

Fort Bend ISD is responsible for identifying and evaluating students who, within the intent of Section 504 of the Rehabilitation Act of 1973, need special services or programs in order that such students may receive the required free appropriate education.

A student who may need specialized instruction or programs within the intent of Section 504 is one who:

• Has a physical or mental impairment that substantially limits one or more of life’s major activities; or
• Has a record of such impairment; or
• It is regarded as having such an impairment.

Students may be eligible under the provisions of Section 504 even though they do not require services pursuant to the Individuals with Disabilities Education Act. Parents who believe that they have a child who may qualify for special services or programs under Section 504 should contact your campus 504 Coordinator or the District 504 Coordinator, Deena Hill at 281-634-1143 or  Deena.Hill@Fortbendisd.gov.

In addition, parents who believe that they have a child who may qualify for special education services or programs under the Individuals with Disabilities Education Improvement Act (IDEA) should contact the Special Education Department at 281-634-1143 or visit the FBISD Special Education website.