Farmington Public Schools provides general education accommodations under the provisions of Section 504 of the Americans with Disabilities Act. Your child may be eligible and may qualify for an accommodation plan to support their learning needs. 

Step 1 - Evaluation Process: An evaluation is completed to answer the following questions:

1. Does the student have a physical or mental impairment that substantially limits one or more major life activities?
2. Does the student need accommodations/modifications to participate in the curriculum and/or school environment (including extracurricular activities)?

Step 2 – Developing a Section 504 Plan: If it is determined that a student is eligible, a plan will be developed that may include accommodations and/or services to provide equal access to the student’s learning environment.

If you suspect your child has a disability that affects his/her school experience and may require Section 504 accommodations, please contact our District MTSS Support Team for more information.

Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. 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."

As defined by federal law: “An individual with a disability means any person who: (i) has a mental or physical impairment that substantially limits one or more major life activity; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment.

An impairment as used in Section 504 may include any disability, long-term illness, or various disorders 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.

Many students have conditions or disorders that are not readily apparent to others. They may include conditions such as specific learning disabilities, diabetes, epilepsy, and allergies. Hidden disabilities such as low vision, poor hearing, heart disease, or chronic illness may not be obvious, but if they substantially limit that child’s ability to receive an appropriate education as defined by Section 504, they may be considered to have an “impairment” under Section 504 standards.

Major life activities include, but are not limited to: self-care, manual tasks, walking, seeing, speaking, sitting, thinking, learning, breathing, concentrating, interacting with others and working. As of January 1, 2009 with the reauthorization of the Americans with Disabilities Amendment Act, this list has been expanded to also include the life activities of reading, concentrating, standing, lifting, bending, etc. This may include individuals with AD/HD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette ’s syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders and temporary disabilities (e.g., broken writing arm, broken leg, etc.). Conditions that are episodic or in remission are also now covered if they create a substantial limitation in one or more major life activity while they are active. Students who are currently using illegal drugs or alcohol are not covered or eligible under Section 504.

Anyone can refer a child for evaluation under Section 504. However, while anyone can make a referral, such as parents or a doctor, OCR has stated in a staff memorandum that “the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability.” Therefore, a school district does not have to refer or evaluate a child under Section 504 solely upon parental demand. The key to a referral is whether the school district staff suspects that the child is suffering from a mental or physical impairment that substantially limits a major life activity and is in need of either regular education with supplementary services or special education and related services. If a parent requests a referral for evaluation, and the school district refuses, the school district must provide the parent with notice of their procedural rights under Section 504.

According to the federal regulations: “…placement decisions are to be made by a group of persons who are knowledgeable about the child, the meaning of the evaluation data, placement options, least restrictive environment requirements, and comparable facilities.”

Unlike Special Education, the federal regulations for Section 504 do not require or even mention that parents are to be a part of the decision-making committee. The decision to include parents in the decision-making committee is a determination that is made by each school district and should be spelled out in the district’s procedures for implementing Section 504. Parents should at least be asked and encouraged to contribute any information that they may have (e.g., doctor’s reports, outside testing reports, etc.) that would be helpful to the Section 504 committee in making their determination of what the child may need. Schools are expected to make sound educational decisions as to what the child needs in order to receive an appropriate education.

Under Section 504, no formalized testing is required. The 504 Committee should look at grades over the past several years, teacher’s reports, information from parents or other agencies, state assessment scores or other school administered tests, observations, discipline reports, attendance records, health records and adaptive behavior information. Schools must consider a variety of sources. A single source of information (such as a doctor’s report) cannot be the only information considered. Schools must be able to assure that all information submitted is documented and considered.

Each child’s needs are determined individually. Determination of what is appropriate for each child is based on the nature of the disabling condition and what that child needs in order to have an equal opportunity to compete when compared to the non-disabled. There is no guarantee of A’s or B’s or even that the student will not fail. Students are still expected to produce. The ultimate goal of education for all students, with or without disabilities, is to give students the knowledge and compensating skills they will need to be able to function in life after graduation.

Accommodations that may be used, but are not limited to, include:

• Highlighted textbooks
• Extended time on tests or assignments
• Peer assistance with note taking
• Frequent feedback
• Extra set of textbooks for home use
• Computer aided instruction
• Enlarged print
• Positive reinforcements
• Behavior intervention plans
• Rearranging class schedules
• Visual aids
• Preferred seating assignments
• Taping lectures
• Oral tests
• Individual contracts

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

1. Receive notice regarding the identification, evaluation and/or placement of your child;
2. Examine relevant records pertaining to your child;
3. 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;
4. File a complaint with your school District Section 504 Coordinator, who will investigate the allegations regarding Section 504 matters other than your child’s identification, evaluation and placement. 

1. Understand what Section 504 means: Section 504 is a federal civil rights law that ensures students with disabilities have equal access to education. It provides accommodations or supports that help students learn alongside their peers.
2. Start with the staff at Farmington: If you think your child may need 504 accommodations, begin by speaking with your child’s teacher, school counselor, or principal. They can help guide you through the process and explain what support might be available.
3. Know the signs that your child may qualify: Students may qualify for a 504 Plan if they have a physical or mental health condition that significantly impacts a major life activity—like learning, concentrating, walking, or seeing—even if they don’t need special education.
4. Be prepared to share documentation: The school may ask for medical records, assessments, or other information that supports your child’s needs. You don’t need to have everything at once—just do your best to provide helpful context.
5. Know what a 504 Plan can include: Accommodations might include things like extended time on tests, frequent breaks, preferred seating, or access to counseling. Plans are tailored to the student's specific needs.
6. Attend the 504 meeting and share your concerns: You’ll be invited to a meeting to discuss your child’s eligibility and potential accommodations. This is your chance to share your perspective, ask questions, and be part of the decision-making team.
7. Stay involved and follow up: Once a plan is in place, check in with your child and their teachers to see how things are going. 504 Plans are reviewed annually, but you can request a review sooner if needed.
8. Keep records: Save copies of communications, evaluations, and your child’s 504 Plan. Having everything in one place makes it easier to reference and advocate when needed.
9. Know your rights as a parent: You have the right to be informed, to participate in meetings, and to challenge decisions through a formal process if you disagree with them. Farmington Public Schools can provide you with a "Parent/Student Rights" document that outlines these protections.