• Section 504 and Americans with Disabilities Act (ADA)

     

    What’s Required

    Section 504 of the Rehabilitation Act of 1973 provides that - No otherwise qualified individual with a disability in the United States…shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance... Authority: 20 U.S.C. 794.

    The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. The current text of the ADA includes changes made by the ADA Amendments Act of 2008 P.L. 110-325, which became effective on January 1, 2009.

    Child Find

    Birdville 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
    • Is regarded as having such 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 the Campus 504 Coordinator at the home campus. 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 home campus office for more information.

    Test Accommodations for College Board and ACT Tests

    Accommodations for these tests require a separate process from test accommodations which may be offered in a student's IEP or Section 504 plan within Birdville ISD.  Even if your student has accommodations specified within his or her Birdville ISD - developed IEP or Section 504 Plan, there is no guarantee he or she will be allowed during the administration of the College Board and ACT tests.  The allowance for test accommodations is determined solely by the College Board and ACT Testing Services.  Families, and not Birdville ISD staff, are ultimately responsible for obtaining these accommodations.  Although Birdville ISD will assist with the applications as a courtesy for all students with IEPs and 504 Plans for families who timely follow the application process, families have the ability to submit their requests directly to the College Board and ACT Test Services. Any additional educational and neuropsychological testing needed for or requested by the College Board or ACT Testing Service offices is the responsibility of the family and will not be provided by Birdville ISD staff.  Families will receive notification directly from the College Board or ACT Testing Services on the accommodations granted.  It is important for families to adhere strictly to the specified or recommended timelines for submitting all requests for accommodations and to provide whatever documentation is specified. This includes making requests to the appropriate Birdville ISD staff within designated timelines as well as the timelines requested by the College Board or the ACT Test Services offices.  Failure to timely submit the requested information to either the testing services or Birdville ISD staff may result in your student's inability to be allowed accommodations on his or her test.

    Resources

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