Section 504
Wichita Public Schools: Statement of Non-Discrimination
The Wichita Public Schools is committed to ensuring an environment that is free of discrimination, and to fostering a climate in which all employees and students may participate, contribute and grow to their fullest potential.
Harassment and disparate treatment will not be permitted or condoned in Wichita Public Schools.
The Wichita Public Schools does not discriminate on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, veteran status or other legally protected classifications in its programs and activities.
All Wichita Public Schools employees have the responsibility to support this statement.
The following persons have been designated to handle inquiries regarding the non-discrimination statement:
Section 504 Coordinator for Adults and Title IX Coordinator for Adults and Students
903 South Edgemoor
Wichita, KS 67218
(316) 973-4420
Section 504 Coordinator for Students
903 South Edgemoor
Wichita, KS 67218
(316) 973-4475
Adopted by the Wichita Board of Education - December 9, 2019
504 Child Find Notice
Pursuant to Section 504 of the Rehabilitation Act of 1973, the District has a duty to identify, refer, evaluate and if eligible, provide a free, appropriate public education to disabled students. For additional information about the rights of parents of eligible children, or for answers to any questions you might have about identification, evaluation and placement into Section 504 programs, please contact the District’s Section 504 director Kimber Kasitz by phone at 316-973-4475 or by mail at 903 S. Edgemoor St. Wichita, KS 67218.
Overview: What is Section 504?
Section 504 of the Rehabilitation Act is a civil rights act prohibiting discrimination based on disability. It was enacted to eliminate barriers that exclude persons with disabilities. Section 504 applies to all agencies that receive federal funds, including public schools. All school district staff have the responsibility of ensuring that all students with disabilities are identified, evaluated, and provided with needed accommodations and services, resulting in a Free and Appropriate Public Education (FAPE). Section 504 is enforced by the Office of Civil Rights, in conjunction with the U.S. Department of Education.
FAPE – An education designed to provide educational benefit despite the child’s disability, at no cost to the parent, in an environment that affords the greatest exposure to non-disabled peers.
What is the difference between eligibility for IDEA (Special Education) and Section 504?
Section 504 is a civil rights act, predating the Individuals with Disabilities Education Act (IDEA). IDEA is an education law that provides funding for individualized educational programs and additional services beyond what is available to students without disabilities. Section 504’s main objectives are equal access and non-discrimination.
IDEA covers children within specific categories of disabilities and degrees of impairment, who require specially designed instruction through an individualized educational program (IEP). Unlike services offered through IDEA, school districts receive no additional federal or state funding under the Section 504 mandate. Under Section 504, procedural safeguards for parents and students are different than those provided under IDEA.
Does My Child Have A Disability Under Section 504?
Section 504 protects an individual who has, is perceived or suspected of having a physical or mental impairment that substantially limits one or more major life activities or bodily functions. It protects students when their disabilities limit their ability to attend, participate in, or receive benefit from their education. Parents, teachers, nurses, audiologists, counselors, social workers, Section 504 Teams, or other school personnel can initiate a Section 504 referral if they know or suspect that a child has a disabling condition/impairment. The school has a legal obligation to refer the child for an evaluation if there is knowledge or suspicion of a disability.
What is a qualifying disability?
Section 504 does not specifically list qualifying disabilities; rather, the focus is on the extent to which the impairment substantially limits a major life activity or bodily function when compared to an average individual in the general population.
What are major life activities/bodily functions?
Major life activities and bodily functions are important to an individual’s daily life. Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, bending, reading, concentrating, thinking, and communicating are some examples of major life activities.
Examples of bodily functions include those of the digestive, bowel, bladder, brain, circulatory, reproductive, neurological, or respiratory systems.
What does substantially limited mean?
Substantial limitation is defined as “the inability to perform a major life activity or bodily function when compared to how a person in the general population performs the same major life activity or bodily function.” In other words, is the child’s learning and/or accessibility to the school environment and activities limited, and to what extent?
How Do I Get Accommodations for My Child?
Public schools must provide appropriate accommodations, aids, and services to eligible students who need those accommodations to participate in and benefit from the educational setting. This includes all programs and activities sponsored by the school, such as sports and field trips. Necessary accommodations, aids, and services are part of the 504 Plan, which is developed by the 504 Team once a student has been determined eligible under Section 504.
Students who are entitled to a 504 Plan must 1) Have a physical or mental impairment which substantially limits one or more major life activities or bodily functions, and 2) Require accommodations, aids, or services BECAUSE OF THE DISABILITY in order to access and benefit from their education.
To determine whether or not a student needs a 504 Plan, the student must first be referred to the 504 Team for an evaluation and eligibility determination.
What is the 504 Process?
Parents Have Rights Under Section 504
Once a child is referred for a 504 Evaluation, the school must provide parents or legal guardians a copy of their 504 Parent Rights and Due Process. These documents outline the procedural safeguards that parents and students are entitled to under Section 504.
Request a Referral for Evaluation
Anyone, including a parent or legal guardian, can refer a student for a 504 Evaluation. A Section 504 referral can be made verbally or in writing, asking the school to evaluate whether or not a student has a disability and needs accommodations, aids, and services. Schools have a special responsibility to make a Section 504 referral for any student they know or suspect has a disability and may need accommodations, aids, or services.
Parent/guardian consent to begin a 504 Evaluation must be obtained. Without consent, the 504 Team cannot proceed with the 504 evaluation process.
School Convenes the 504 Team
Each school has a “core” 504 Team; however, other individuals may be brought in to address specific and individual student needs. There are three requirements for members of the 504 Team:
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Knowledge of the student – for example, a parent, teacher, nurse, counselor, or other provider. While parents are not required to join the 504 Team, the participation of a parent is extremely valuable.
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Knowledge of the evaluation data – for example, someone who is able to analyze and interpret the collected information.
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Knowledge of the placement options at the school – for example, someone who is knowledgeable of available and appropriate accommodations, aids, services, and other necessary supports.
The 504 Team’s responsibility is to determine whether or not a student is eligible, and to decide whether or not accommodations, aids, or services are necessary in order to reduce or eliminate the impact of the student’s disability on his/her education.
A Note About Medical Diagnoses
A school cannot require a parent to provide a medical diagnosis in order to evaluate a student; however, a medical diagnosis can provide extremely helpful information for the 504 Team. A medical diagnosis does not automatically equal 504 eligibility, and does not necessarily mean that the student requires a 504 Plan.
504 Team Evaluates
The 504 Team requests, gathers, reviews, and analyzes data about the student’s condition and how it affects that individual student. Evaluation data comes from a variety of sources. Examples include medical records, grades, assessment scores, attendance, health room data, parent/student input, teacher report, staff observations, psychological evaluations, school disciplinary records, and other pertinent information.
After collecting and analyzing data, the 504 Team must determine the answer to these two questions: 1. Does the student have a physical or mental impairment which substantially limits one or more major life activity or bodily function? AND 2. If yes, what accommodations, aids, and services – if any – does the student need to access and benefit from their education?
504 Team Creates a 504 Plan
If the 504 Evaluation indicates that the student has a physical or mental impairment which substantially limits one or more major life activity or bodily function, the team then determines whether or not the student requires a 504 Plan.
The 504 Plan describes the accommodations, aids, and services that the school must provide to make sure the student can experience a free and appropriate public education, as the law requires.
The school must provide the parent or guardian with an additional copy of the 504 Parent Rights and Due Process, and must obtain consent to initiate 504 services.
Once the 504 Plan is in place, all school staff members follow the plan. It is the school’s responsibility – not the student’s or parent’s – to ensure staff are aware of the information on the 504 Plan.
School Reviews and Reevaluates the 504 Plan
Each year, the school reviews each 504 Plan to make sure it continues to address the student’s individual needs appropriately and effectively. These reviews occur at the beginning of each school year; however, a parent or other staff member could request a 504 Plan Review at any time if they feel the plan is not meeting the student’s needs.
A periodic reevaluation must be completed to determine whether or not the student continues to be considered eligible under Section 504. This reevaluation occurs at least every three years, or more often if necessary.
Have Questions? Need More Information? Contact Us!
School 504 Teams
You can contact your child’s school and ask to speak to a member of the 504 Team if you have questions or would like to request an evaluation.
USD 259 Website: Section 504 Department Page
Parent Resources located on this page include statements of non-discrimination and child find notice, 504 Parent Rights and Due Process, Parent Request for Section 504 Evaluation, and other helpful information. You can visit the Section 504 Department Page at www.usd259.org/Page/2911.
USD 259 – Section 504 Coordinator and Department Director
504 Coordinator
Amanda Chance, MSN, RN, NCSN
(316) 973-4475
Section504Support@usd259.net
Director of Health Services, Homebound and Section 504
Kimber Kasitz, BSN, RN, NCSN
Section 504 of the Rehabilitation Act of 1973
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Section 504 Director - Kimber Kasitz, BSN, RN @ (316) 973-4475 or email questions to: section504support@usd259.net
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Office of Civil Rights www.ed.gov/about/offices/list/ocr/index.html
Americans with Disabilities Act (ADA) 1990
Contact Us
Director of Section 504
Kimber Kasitz BSN, RN, NCSN
(316)973-4475
section504support@usd259.net
Section 504 Coordinator
Amanda Chance MSN, RN, NCSN
(316)973-4475
section504support@usd259.net
Section 504 Administrative Assistant
Shawn Nelson
(316)973-4475
fax (316)973-4571