Introduction to Section 504 and 504 accommodation plans
The Special Education Division also monitors the provision of Section 504 Plans for those students who experience qualifying medical or mental health disabilities. Section 504 requires school staff to provide eligible students with disabilities with a free appropriate public education in which the benefits and opportunities are comparable to those provided to non-disabled students.
Section 504 of the Rehabilitation Act is a civil rights act
prohibiting discrimination based on disability.
Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal funds from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . 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 …"
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.
How a student qualifies under Section 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to:
- have a physical or mental impairment that substantially limits one or more major life activities;
- have a record of such an impairment, or
- be regarded as having such an impairment. Section 504 requires that school districts provide a free and appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
Problem solving and grievance procedure
Speak with the 504 Coordinators List for SY16-17 of the student's school. Review the document 504 FAQ for Parents. A full review of Grievance Procedures is also available from Special Education Executive Director, Cindy Anderson.
- Contact the 504 Coordinators List for SY16-17 to request a meeting to review the 504 Plan or decision with which parents do not agree.
- Contact the Special Education Division at 907-742-4236.
- Request for a formal Section 504 hearing must be made to the District 504 Coordinator within thirty (30) calendar days after receipt of the Section 504 meeting determination.
In each case where a hearing has been requested, the district will designate an impartial hearing officer who is not an employee of the district. The Section 504 hearing officer shall render a decision in writing to the district and parent/guardian of the student within 45 days after the completion of the Section 504 hearing. Review of the hearing officer's decision is available through an administrative appeal under Rule 602 of the Alaska Appellate Rules to the Alaska Superior Court.