What is Section 504?
Section 504 is a civil rights statute that provides certain protections to special education and general education students, employees, parents, and community members with disabilities. The Americans with Disabilities Act is an extension of Section 504 into the private sector. Its protections for individuals within LCPS are essentially the same as Section 504. Students with disabilities who do not qualify for services under the Individuals with Disabilities Education Act of 1990 (IDEA) may have rights if they are eligible under Section 504. A person who has a physical or mental impairment which substantially limits one or more major life activities, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working, has a disability under 504.
The Las Cruces Public Schools affords certain rights to students with disabilities and their parents as set forth in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec.706(8)). Section 504 of the Rehabilitation Act states:
“No qualified individual with a disability shall, solely on the basis of his or her disability, be denied participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
Please see policy JBA for further information.
Las Cruces Public Schools 504 Process:
Student is referred to 504 Committee at the school they are enrolled by parent or school staff. Parents are notified of referral.
Evaluation information is gathered.
A 504 Conference is scheduled to determine eligibility.
Parents are notified of the 504 Conference.
Parent and school staff concerns are documented during the 504 Conference.
504 eligibility is determined by the summarization of evaluation/ assessment data provided by school and parents:
Does the committee find that the student has a physical or mental impairment?
If the student has impairment; does the impairment substantially limit a major life activity?
Does the committee have sufficient data to determine that the student has a disability under 504?
A 504 Accommodation Plan is developed for eligible students.
If a student is found to be non-eligible, a referral to the school Student Assistance Team may be appropriate.
Las Cruces Public Schools can assist the public for concerns relating to:
Students 504
Susie Hendee
Associate Director of Teaching and Learning
shendee@lcps.net
(575) 527-6054
Facilities and 504 Compliance / Title IX
Gabe Jacquez
Deputy Superintendent of Operations & Leadership
(575) 527-5981
Community Concerns/Complaints
Jaime Calderon
Community Relations Executive Director and Advisor to Supt/Board
(575) 527-5801