Section 504
Section (§) 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and protects their civil rights.
In order to fulfill its obligations under §504 and the ADA, Milwaukee Public Schools and the Milwaukee Board of School Directors recognize a responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability will knowingly be permitted in any of the programs and practices in MPS.
Section 504 ADA regulations are enforced by the U.S. Department of Education, Office for Civil Rights, and require MPS to:
- Provide a free, appropriate public education (FAPE) to each qualified person with a disability who is within its jurisdiction, regardless of the nature or severity of the disability
- Annually notify students, parents, school district employees, and the community of the school district's responsibilities under §504 and the Americans with Disabilities Act
- Locate and identify all children with disabilities in the district's geographic area.
A "free" public education means the provision of educational services without cost to the student with a disability or to their parent/legal guardian, except for those fees that are imposed on other students who do not have disabilities.
An "appropriate" public education under §504 and Title II means the provision of regular or special education as well as related aids and services that are designed to meet the individual educational needs of the qualified student with a disability.
Under §504/ADA, a “qualified person with a disability” is an individual who has a physical or mental impairment that substantially limits one or more major life activities such as learning, walking, speaking, hearing, etc. Qualifying impairments may include physical disorders (e.g., seizure disorder, asthma, diabetes) and psychological disorders (e.g., anxiety disorders, clinical depression, post-traumatic stress disorder). Section 504 also prohibits disability-based discrimination against students who have had, or are regarded as having an impairment that substantially limits one or more major life activities. Students who are eligible for special education services under the Individuals with Disabilities Education Act (IDEA) are also protected from disability-based discrimination under §504.
The educational needs of §504 students must be addressed by all staff members within MPS. Appropriately meeting these educational needs requires staff members to provide the accommodations prescribed in the individualized §504 plan.
MPS is obligated to notify the community of its responsibilities under §504. Each school must comply with district guidelines and legal due-process procedures regarding identification, evaluation, and the provision of appropriate accommodations for qualified students with disabilities. Section 504 coordinators and administrators must annually notify school staff members regarding the school district’s policy of nondiscrimination on the basis of disability and its obligation to identify and provide appropriate educational services for students with disabilities.
Dispute Resolution
If you have a complaint, you can fill out the online Family Resolution Form. Examples of special education/section 504 complaints include:
- Disagreements with an IEP team determination that a student has a disability
- Disputes about the classroom supports/accommodations needed to address a child’s disability
- Complaints about whether the student is reliably receiving the services written in their IEP
More Information
If you have any questions or need additional information, please contact the facilitator for 504 plans, Jessica Coyle, at (414) 438-3602 or laflerjp@milwaukee.k12.wi.us.