West Central School District 49-7
Section 504 Services
The West Central School District implements Section 504 of the Rehabilitation Act of 1973 based on federal, state and local school district policies and procedures.
Section 504 is a civil rights statute that aims at preventing discrimination against individuals with disabilities in programs that receive direct or indirect federal funds. Section 504 should be a general education management responsibility. A student is identified and evaluated for Section 504 accommodations if they have been evaluated and have a physical and/or mental impairment that substantially limits a major life activity and needs accommodations. Section 504 is a non-funded federal law/All funds necessary for section 504 requirements are the school district’s responsibility.
A student may be considered disabled under the definition of Section 504/ADA if the student meets the following requirements:
1. Has a mental or physical impairment that substantially limits one or more of a person’s major life activities, “major life activities” include functions such as:
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Caring for one’s self
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Performing manual tasks
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Walking
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Seeing
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Speaking
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Learning
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Hearing
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Breathing
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Working
2. Has a record of such an impairment
3. Is regarded as having such an impairment
If a student is not eligible for special education services through an individual education plan (IEP), but needs special accommodations in the general educational environment, the student may be eligible for a 504 accommodation plan. Under Section 504 and ADA, a person is a qualified individual with a disability if he or she meets the established South Dakota Department of Education guidelines for Section 504 and the ADA is determined on a case-by-case basis.
If parents or guardians believe their child should qualify for protections under Section 504, they should contact their child’s school or the Director of Special Services. If a child is considered disabled under the Federal Section 504/ADA and South Dakota Department of Education guidelines, a 504 accommodation plan will be created by the team, including the child’s parent/guardian.
South Dakota Department of Education Section 504 Resources