Section 504 teams must have an individualized discussion for every student with a Section 504 Plan to discuss and address whether the student did not receive the evaluations, accommodations, and/or services required for free appropriate public education (FAPE) during the COVID-19 pandemic period. A Section 504 Plan meeting determination must be made regarding the need for compensatory education and/or recoupment service by FEBRUARY 28, 2023.
Section 504 and Individuals with Disabilities
Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination/harassment on the basis of disability in any program or activity receiving federal financial assistance. The District has specific responsibilities related to the provision of a "free appropriate public education" (FAPE) to school-age individuals with disabilities under Section 504 and the Individuals with Disabilities Education Act (IDEA).To meet the criteria for Section 504 protection, a child must: have a physical or mental impairment that substantially limits one or more major life activities; have a record of such impairment; or be regarded as having such an impairment.As a result of the Americans with Disabilities Act Amendments Act (ADAAA), there is a broader application of the definition of disability under the ADA and Section 504. The new law eliminated the consideration of ameliorative effects of mitigating measures when determining whether a student has a disability, though they remain relevant when evaluating students' needs for accommodations/services. This means more students may be eligible for Section 504 nondiscrimination protection whether or not they currently need Section 504 plan accommodations/services.During the 2013-2014 school year, the Welligent Section 504 Program module was developed to provide increased access to students' Section 504 records. School personnel are required to use the Welligent Section 504 Program module when conducting section 504 activities regarding referral, evaluation, plan development, and follow-up, in order to effectively serve, monitor, and track students with disabilities under Section 504. The forms can be accessed by logging into the Welligent System and following the instructions outlined in REF-6241: Mandatory Use of the Welligent Section 504 Program Module to Conduct All Section 504 Activities, dated August 29, 2022. The Welligent Section 504 Program module presents the Section 504 process as a sequence of four phases; I. Management; II. Evaluation; III. Meeting; and IV. Follow Up.To reach the District's Section 504 Coordinator, contact the Educational Equity Compliance Office at (213) 241-7682, or via email at EquityCompliance@lausd.net.To reach the District's ADA Compliance Officer, contact the ADA Compliance Office at 213-241-4530, or via email at ADAfirstname.lastname@example.org.Any agencies/organizations that appear on these web pages do not constitute an endorsement by the Los Angeles Unified School District (LAUSD), or the Educational Equity Compliance Office (EECO), nor should an exclusion of other websites be considered intentional. Opinions expressed are solely those of the host website and not necessarily those of LAUSD, EECO. Any advertising presented is solely the responsibility of the host website and not LAUSD. Additionally, references, links, products, or services displayed by the websites are not to be considered endorsements by LAUSD.
Long COVID under Section 504 and the IDEA
For information regarding the impact of Long COVID as it relates to Section 504 and IDEA, visit the U.S. Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS)’s Resource to Support Children, Students, Educators, Schools, Service Providers, and Families.