• Section 504 of the Rehabilitation Act of 1973 ("Section 504") is a civil rights statute that protects persons with disabilities from discrimination.  It states that:

    "No otherwise qualified individual with a disability 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 Americans with Disabilities Act ("ADA") contains similar prohibitions against discrimination.

    Under Section 504, school districts are required to make their programs and activities (including non-academic and extracurricular programs and activities) accessible to all individuals with disabilities and to provide students with disabilities a free, appropriate public education ("FAPE").  Section 504 is a program that is administered within the context of the other regular education programs of a school building.  School staff members and parents work cooperatively to develop a Section 504 Plan that will help the student benefit from the educational program and activities of the school.

    What is the Section 504 process in District 49?

    The School 504 Coordinator will:

    • Receive concern from teachers, parents, nurses, counselors, students, and others.
    • Convene a group of persons knowledgeable about the student to collect and review information about the student from a variety of sources.
    • Work with the team to review the data about the student to determine if the student has s physical or mental impairment that substantially limits a major life activity, and thus, is eligible to a free and appropriate public education (FAPE)
    • As a member of the team decide if, because of the disability, the educational needs of the student are not met as adequately as the needs of the non-disabled students in order for the student to be entitled to a free appropriate public education (FAPE)
    • After the team determines that a student is eligible for a Section 504 Plan, work with the team to develop a Section 504 Plan for the student
    • As part of the team, determine the student's needs as they relate to the identified disability.
    • Complete the Section 504 Plan by outlining the education or services, reasonable accommodations or modifications that the student requires.
    • Plan a review meeting date.
    • Obtain signatures of team participants.
    • Send copies of 504 Plan to designated individuals.
    • Monitor the implementation of the 504 Plan.
    • Reconvene the team on the date agreed upon to review and reassess any change in status.


    To be in compliance with Section 504, the District 49 must:

    1. Designate a District-level Section 504 Coordinator.
      • Dr. Nancy Lemmond
        • Executive Director of Individualized Education
        • (719) 494-8933
        • nlemmond@d49.org
    2. Provide grievance procedures to resolve complaints of discrimination.
    3. Provide annual notice of nondiscrimination in admission or access to its programs or activities.
      • The District includes its notice of nondiscrimination in its annual Student Handbook, Annual Report to the Public, and on its website (Policy JB).
    4. Annually identify and locate all qualified children with disabilities who are not receiving a free and appropriate public education.
      • Continuous activity within the schools and during the spring preschool and kindergarten round-up days.
    5.  Periodically notify persons with disabilities and their parents or guardians of their rights under Section 504
      • Provided at the Section 504 Plan annual review.
    6. Notify parents/guardians of their right to challenge decisions regarding identification, evaluation or placement of their child.
      • Provided at the Section 504 Plan annual review.
    7. Conduct a self-evaluation of District policies, programs and practices to make sure discrimination is not occurring.
      • Continuous throughout the year.
    8. Provide parents the opportunity to examine relevant records.
      • Available upon request.
    9. The 504 Team will comply with all procedural requirements including determination of educational setting, evaluation, placement, and procedural safeguards of a free, appropriate public education (FAPE).

    Procedural Safeguards

    Prior to significant change of placement and prior to implementation of a 504 Plan, the District will provide a copy of Notice to Parent Rights Afforded by Section 504 of the Rehabilitation Act of 1973 which includes:

    • Right to notice of proposed changes
    • Right to examine records
    • Right to request an impartial hearing on evaluation, identification, or provision or a FAPE
    • Right to counsel

    Internal Grievance Procedures

    • Review issues with School 504 Coordinator.
    • File a written complaint with the District 504 Coordinator
      • Dr. Nancy Lemmond, Executive Director of Individualized Education, state specific facts. The District 504 Coordinator will make reasonable efforts to resolve the matter informally at the school site.
    • In the event that the complaint cannot be resolved informally, the District 504 Coordinator will convene an informal hearing with school personnel and parents and render a written decision.
    • The district's grievance procedure - www.d49.org/grievance
    • At any time, parents may file a formal complaint with the U.S. Department of Education, Office for Civil rights, 1244 Speer Blvd., Suite 310, Denver CO 80204-3582.