Legal Obligations
What programs and services must comply with the requirements of Section 504?
All programs, services, and activities of the Florida DOE, school districts, community colleges, universities, and public and private schools that receive federal financial assistance must comply with Section 504 requirements. This applies to all programs, services, and activities whether or not they receive direct program-specific federal financial assistance.
What are the obligations of the school district to comply with Section 504?
School districts have a number of obligations under Section 504. Districts must do the following:
- Evaluate students believed to have a disability
- Provide periodic reevaluations of students with disabilities
- Provide FAPE under IDEA or through the provision of Section 504 accommodations
- Provide education to students with disabilities in the least restrictive environment (LRE)
- Provide established standards and procedures in the identification and evaluation process
- Provide transportation under specific individual circumstances and conditions
- Provide equal access to parents who have a disability
- Provide students with disabilities equal access to nonacademic services
- Establish and implement a system of procedural safeguards regarding the identification, evaluation, placement, or provision of FAPE to a student
- Ensure behavior in question is not a manifestation of student’s disability during disciplinary proceedings
What do you think? Did the district discriminate against the 504 student requesting an inter-district transfer? (Click an answer below.)
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Following the beginning of the school year, a seventh grade student’s family moved to a new district. The student, with auditory processing and reading disabilities, requested an inter-district transfer in order to remain in her original district. Although the student had been enrolled in the district prior to moving, the district denied her transfer request —the student submitted her request following the deadline, and classrooms were already full. On investigation, the district’s 504 coordinator found that students without disabilities had also been denied requests for transfer because the requests were received after the deadline. 
The district discriminated against the student.
The student was a former student with a known disability, and receiving services, so the district is obligated to approve transfer request.
All students submitting applications for inter-district transfers after deadline were denied; therefore, the district did not discriminate against the student.Next: Click to proceed to Module 2 — Procedures.