Section 504

Accommodations

Accommodations for College Board and ACT Tests

A student with a documented disability may be eligible for accommodations on College Board tests (SAT, SAT Subject Tests, PSAT, and AP exams) and the ACT. The school does not automatically apply for students to receive accommodations but will assist families once the request is made to begin the process of applying for accommodations if their child is eligible for Section 504 or SPED. Parents should initiate the process by contacting the Dual Credit Counselors on their home campus.

The College Board

In order to receive accommodations on College Board tests, accommodations must be approved by the College Board’s Services for Students with Disabilities (SSD). Please note that the use of accommodations in school, or inclusion on a 504 plan or IEP does not automatically qualify a student for accommodations on College Board tests. Click here to view detailed information on the eligibility and application process.

Applying for Accommodations

Parents and students can apply for accommodations with the assistance of the school. Parents/guardians can start the process by a request with their home campus SSD/Accommodations Coordinator. There may be more than 1 person serving in this role based on the type of assessment.

Documentation and Eligibility

Basic requirements for eligibility include the following:

Some requests for testing accommodations may require parents/guardians to submit supporting documentation, such as psycho-educational reports or results from a medical exam.

Timelines are determined by the testing agency and not the district.

Using College Board Accommodations

Once the College Board determines the eligibility of a student for accommodations, the student and the school will receive an eligibility letter. If approved for accommodations the student will be assigned an SSD Eligibility Code that he or she is to use when registering for College Board tests. Visit the College Board Help Center for support from College Board. For questions regarding the receipt of accommodations on PSAT and AP testing administered at the school, parents are encouraged to reach out to the school.

The ACT

In order to receive accommodations on the ACT, accommodations must be requested and approved by the ACT organization. This is a separate process from the College Board process for applying for accommodations. Please note that the use of accommodations in school, or inclusion on a 504 plan does not automatically qualify a student for accommodations on the ACT. Click here to review information on the eligibility and application process.

Applying for Accommodations

Parents/guardians can request certain accommodations (such as extended time) without the assistance of their school through these forms available on the ACT website.

Documentation and Eligibility

Basic requirements for documentation for ACT accommodations include the following:

Some requests for testing accommodations may require parents/guardians to submit supporting documentation, such as psycho-educational reports or results from a medical exam.

Timelines are determined by the testing agency and not the district.

Using ACT Accommodations

ACT testing accommodations are not implemented by the school. Testing site coordinators oversee the implementation of ACT. Visit the ACT website here for more information on the use of ACT accommodations, referring to the section subtitle, “Procedures for Implementation.”

If you have any questions, please contact Emily Steele, District Section 504 and Dyslexia Coordinator at 817-547-5729.

The student must have a documented disability (the mere presence of a disability does not necessarily mean that the student requires accommodations on College Board tests).

The disability must impact the student’s ability to participate in standardized tests.

The student must demonstrate a need for the specific accommodation that is being requested.

Inclusion of an accommodation on a 504 Accommodation Plan or IEP does not automatically qualify a student for accommodation on College Board tests.

The student must have a current (within the past three years) documented disability.

The disability must impact the student’s ability to participate in the ACT.

The student must demonstrate a need for the specific accommodation that is being requested.

Inclusion of an accommodation on a 504 Accommodation Plan or IEP does not automatically qualify a student for accommodation on the ACT. The ACT makes the final determination on what is appropriate and reasonable for testing accommodations for students with documented disabilities.

Child Find

§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 and Dyslexia Coordinator, Emily Steele, at 817.547.5729.

Aviso bajo la Sección 504 (Child find)

De conformidad con la Sección 504 de la Ley de Rehabilitación de 1973, el Distrito tiene el deber de identificar, referir, evaluar y si es elegible, proporcionar una educación pública gratuita y apropiada a los estudiantes con discapacidad. Para obtener información adicional acerca de los derechos de los padres de los niños elegibles, o para obtener respuestas a cualquier pregunta que pueda tener acerca de la identificación, evaluación y colocación en los programas de la Sección 504, por favor póngase en contacto con el Coordinador de la Sección 504 y Dyslexia del Distrito, Emily Steele, 817.547.5729.

Contact Us

Driving with Disability

Components to the Texas Driving with Disability Program

Communication Impediment on Driver License & State ID

Communication Impediment with a Peace Officer is an optional restriction code offered on Texas State ID and Driver License for those wanting to alert law enforcement of a challenge with communication. A physician-signed form is required.

Communication Impediment in Vehicle Registration

The option for disclosure of a communication disability/impediment when registering a vehicle through the Texas Department of Motor Vehicles. Communication Impediment will then be privately placed in the Texas Law Enforcement Telecommunication System (TLETS) thus alerting the officer of the challenge PRIOR to approaching the vehicle in a pull-over scenario. Form VTR-216 must be completed by a licensed physician if the applicant has a physical health condition or a licensed physician, licensed psychologist, or a non-physician mental health professional if the applicant has a mental health condition.

What diagnosis is considered a “communication impediment” for the Texas Driving with Disability Program?

Autism (including Asperger Syndrome)
Mild Intellectual Disability
Down Syndrome
Parkinson’s Disease
Speech and Language Disorders (mutism, stuttering, speech delay Aphasia and Spasmodic Dysphonia)
Post Traumatic Stress Disorder
Brain Injury
Cerebral Palsy
Deaf
Hard of Hearing

How do I participate?

If you want to place the code for “Communication Impediment with a Peace Officer” on your Texas ID or driver license:

Ask your doctor to complete form DL-101 and present it at the driver license office. The code will go on the back of your license, similar to other codes like organ donor or corrective lenses.

If you want “communication impediment” to be included in TLETS:

Have your doctor, psychologist, or non-physician mental health professional complete form VTR-216. Present this form when you register your vehicle with Texas DMV.

More information can be found at The Office of the Texas Governor's Website, https://gov.texas.gov/organization/disabilities/texas-driving-with-disability.

FAQs

What is an "impairment" under Section 504?

Under Section 504 an impairment may include any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning, behavior, or health-related condition. There is no list of eligible disabilities. However, some examples include ADHD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette’s syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders, and temporary disorders such as broken limbs.

What is considered a "major life activity"?

A major life activity is an activity that is of central importance to an average person's daily life in the general population. Major life activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. It also includes the operation of a major bodily function.

What is considered a "substantial limitation"?

Although not defined in the regulations, OCR has interpreted it to mean “unable to perform a major life activity that the average person in the general population can perform; or restricted as to the condition, manner, or duration under which an individual can perform a major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.” A letter from the Office of Civil Rights (OCR) states “this is a determination to be made by each local school district and depends on the nature and severity of the person’s disabling condition.”

What qualifies as a disability under Section 504?

What do I do if I suspect my child has a disability?

Who can refer a child for a Section 504 evaluation?

Can a doctor determine if my child is eligible for Section 504?

Does a child need to fail a class to be eligible for Section 504?

No. Low class grades and state test scores may indicate a substantial limitation in the area of learning, but Section 504 covers other major life activities as well. For instance, if a child has a hearing impairment, the Section 504 committee would focus on how the child's hearing is compared to other children of the same age or grade. However, if a learning disability is suspected, the Section 504 committee would focus on how the child's learning is affected. Grades and state test scores are an important reflection of learning but are still not the only factor considered.

Who decides if a child is eligible for Section 504 services?

According to federal regulations: “… placement decisions are to be made by a group of persons who are knowledgeable about the child, the meaning of the evaluation data and placement options” [§104.35(c)(3)]. In Birdville ISD best practice dictates that parents are encouraged to attend and participate in Section 504 meetings; however, unlike Special Education, federal regulations for Section 504 do not require parents to be a part of the decision-making committee. Parents are encouraged to provide any information that would be helpful to the committee in their determination of services that the child may need. Committees are expected to make appropriate educational decisions in order that the student receives an appropriate education.

What information is considered in a Section 504 evaluation?

What accommodations can my child receive under Section 504?

Are all students with dyslexia eligible for Section 504 services?

Can my child be disciplined if he/she is served in Section 504?

Under Section 504 students are still expected to follow the district’s student code of conduct. However, when disciplining a student under Section 504, schools must consider the relationship between the disability and the misbehavior if the student is to be removed from the regular setting for longer than 10 days. In this case, a Section 504 committee must determine whether the student's conduct is a manifestation of, or caused by, the identified disability through a manifestation determination review (or MDR). In cases where the student is under the influence of drugs or alcohol at school, the student is not entitled to this manifestation determination review.

Can my child receive accommodations in advanced placement classes?

Students with disabilities are allowed the same opportunity to participate in Pre-AP and AP classes as their non-disabled peers. In order to receive an accommodation in an advanced class, the student must be eligible to receive the accommodation in a regular class. For example, if the student needs the use of a computer in a regular class setting, the student would also be allowed to use a computer in an advanced class. Conversely, if a student does not need additional time to complete tests in a regular class the student could not receive extended time for tests in the advanced class. One other factor to be considered when determining appropriate accommodations is the unique nature of advanced classes. If the accommodation would change the nature of the Pre-AP or AP class, it would not be allowable in the advanced class.

Will my child automatically receive accommodations in college?

Not necessarily. Although most colleges and universities must comply with Section 504 and the ADA, there are several differences in eligibility requirements and level of services that a student may receive compared to what they are available in high school. It is important to be aware that at the college level, students are responsible for notifying the school that accommodations need to be considered. In addition, any testing documentation required by the university to substantiate the disability must be provided by the student at student expense. After receiving notification of disability, the college reviews any information provided and determines what accommodations the student will receive. Due to the differences in the process to obtain accommodations and available services among colleges, it is important to investigate each college your child is interested in attending early in the college application process.

How often will my child be re-evaluated?

Will my child always be eligible for Section 504?

Not necessarily. Eligibility must be reestablished at every re-evaluation meeting. In some situations, children are no longer eligible for Section 504 due to a change in their impairment and/or the extent to which the impairment limits a major life activity. Keeping in mind the goal of serving all students in their least restrictive environment, this change in eligibility should be looked at positively.

What are my rights as a parent/guardian under Section 504?

You have the right to:

Receive notice regarding the identification, evaluation, and/or placement of your child.
Examine relevant records pertaining to your child.
File a complaint with the district 504 Coordinator, who will investigate the allegations regarding Section 504 matters other than your child’s identification, evaluation, and placement.
Request an impartial hearing with respect to the district’s actions regarding the identification, evaluation, or placement of your child, with an opportunity for you to participate in the hearing, to have representation by an attorney at your own expense, and to have a review procedure.
File a complaint with the appropriate regional Office for Civil Rights. For additional information, contact:
- Director, Office for Civil Rights, Region IV
  1999 Bryan Street, Suite 1620
  Dallas, Texas 75201-6810
  (214) 661-9600

Nondiscrimination Notice

Public Notification of Nondiscrimination in Career and Technical Education Programs

Birdville Independent School District offers support to the school district for career and technical education programs in Agricultural Food and Natural Resources / Architecture and Construction / Transportation, Distribution and Logistics / Arts, Audio Visual Technology and Communications / Hospitality and Tourism / Business Management and Administration / Finance / Marketing / Information Technology / Education and Training / Human Services / Law, Public Safety, Corrections, and Security / Government and Public Administration / Health Science / Science, Technology, Engineering, and Mathematics. Admission to these programs is based on enrollment in BISD secondary schools.

It is the policy of BISD not to discriminate on the basis of race, color, national origin, sex, or handicap in its CTE programs, services, or activities as required by Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended.

It is the policy of BISD not to discriminate on the basis of race, color, national origin, sex, handicap, or age in its employment practices as required by Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; and Section 504 of the Rehabilitation Act of 1973, as amended.

BISD will take steps to assure that lack of English language skills will not be a barrier to admission and participation in all educational and CTE programs.

For information about your rights or grievance procedures, contact the Title IX Coordinator, Skip Baskerville at 6125 Belknap Street, Haltom City, Texas 76117, or 817-547-5700.

District scolaire indépendant de Birdville ofrece apoyo al distrito escolar para programas de educación técnica y profesional en Alimentos Agrícolas y Recursos Naturales / Arquitectura y Construcción / Transporte, Distribución y Logística / Artes, Audio Visual Tecnología y Comunicaciones / Hostelería y Turismo / Gestión y Administración de Empresas / Finanzas / Marketing / Tecnologías de la Información / Educación y Formación / Servicios Humanos / Derecho, Seguridad Pública, Correcciones y Seguridad / Gobierno y Público Administración / Ciencias de la Salud / Ciencias, Tecnología, Ingeniería y Matemáticas. La admisión a estos programas se basa en la inscripción en escuelas secundarias BISD.

Es norma de BISD no discriminar por motivos de raza, color, origen nacional, sexo o impedimento, en sus programas, servicios o actividades de CTE, tal como lo requieren el Título VI de la Ley de Derechos Civiles de 1964, según enmienda; el Título IX de las Enmiendas en la Educación, de 1972, y la Sección 504 de la Ley de Rehabilitación de 1973, según enmienda.

Es norma de BISD no discriminar por motivos de raza, color, origen nacional, sexo, impedimento o edad, en sus procedimientos de empleo, tal como lo requieren el Título VI de la Ley de Derechos Civiles de 1964, según enmienda; el Título IX de las Enmiendas en la Educación, de 1972, la ley de Discriminación por Edad, de 1975, según enmienda, y la Sección 504 de la Ley de Rehabilitación de 1973, según enmienda.

BISD tomará las medidas necesarias para asegurar que la falta de habilidad en el uso del inglés no sea un obstáculo para la admisión y participación en todos los programas educativos y CTE.

Para información sobre sus derechos o procedimientos para quejas, comuníquese con el Coordinador del Título IX, Skip Baskerville en 6125 Belknap Street, Haltom City, Texas 76117 or 817-547-5700.

Section 504 Information

Section 504

Section 504 prohibits discrimination against students with disabilities by school districts receiving federal financial assistance. This includes all programs or activities of the school district, regardless of whether the specific program or activity involved is a direct recipient of federal funds. Included in the U.S. Department of Education regulations for Section 504 is the requirement that students with disabilities be provided with a free and appropriate public education (FAPE). These regulations require identification, evaluation, provision of appropriate services, and procedural safeguards.

All individuals who are disabled under the Individuals with Disabilities Education Act (IDEA) are also considered to be disabled and, therefore, protected under Section 504. However, all individuals who have been determined to be disabled under Section 504 may not be disabled under IDEA.

The authority provided under Section 504 intersects with other statutes. Section 504 is not a provision of special education as defined by the IDEA. It is a responsibility of the general public education system. Title II of the Americans with Disabilities Act of 1990 incorporates and expands upon Section 504. This title provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in, or be denied, the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

Section 504 of the Rehabilitation Act of 1973, as amended (2009) and further clarified in 2010, prohibits discrimination against persons with disabilities in all programs and activities that receive federal financial assistance. An eligible student is one who:

has a physical or mental impairment which substantially limits one or more major life activities;
has a record or history of such impairment;
is regarded as having such an impairment.

Any student with a disability that substantially limits one or more life activities may be considered for 504 services. A Section 504 referral can be initiated by a parent, student or school personnel. The referral must be made by someone who is knowledgeable about the student and has reason to believe that the student has a disability that is substantially limiting one or more major life activities. A Section 504 plan outlines the accommodations and supports necessary to provide the student with a disability a free and appropriate education. It may address academic, behavioral, or health issues.

If you have questions about Section 504, please contact Emily Steele, District Section 504 & Dyslexia Coordinator at 817.547.5729.