Legion Collegiate Academy

FEDERAL PROGRAMS and SPECIAL EDUCATION SERVICES

An Overview of the Differences between 504 and IDEA

The major differences between IDEA and Section 504 are in the flexibility of the procedures. For a child to be identified as eligible for services under Section 504, there are less specific procedural criteria that govern the requirements of the school personnel. Schools may offer a student less assistance and monitoring with Section 504 because there are fewer regulations by the federal government to instruct them, especially in terms of compliance.

In contrast, a child identified for services under IDEA must meet specific criteria. The degree of regulation is more specific in terms of time frames, parental participation, and formal paperwork requirements. IDEA also addresses the special education of students with disabilities from preschool to graduation only (from ages 3 to 21). Section 504 covers the lifespan and safeguards the rights of persons with disabilities in many areas of their lives, including employment, public access to buildings, transportation, and education.

The criteria for identification, eligibility, appropriate education, and due process procedures under IDEA and Section 504 vary. It is important for you and your child's teachers to understand how these laws differ, and how those differences could affect your child's education.

Identification and Eligibility

In order for children with disabilities to receive services, they must be identified and then determined to be eligible for these services. Under IDEA guidelines, school districts are required to identify and evaluate all children suspected of having a disability whose families reside within the district. Section 504 does not have this requirement.

IDEA

• Covers all school-aged children who fall within one or more specific categories of qualifying conditions (i.e., autism, specific learning disabilities, speech or language impairments, emotional disturbance, traumatic brain injury, visual impairment, hearing impairment, and other health impairments).
• Requires that a child's disability adversely affects her educational performance.

Section 504

• Covers individuals who meet the definition of qualified "handicapped" person -- for example, a child who has or has had a physical or mental impairment that substantially limits a major life activity or is regarded as handicapped by others. (Major life activities include: walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.)
• Does not require that a child need special education to qualify. Note: Students who are ineligible for services or are no longer entitled to services under IDEA (e.g., kids with LD who no longer meet IDEA eligibility criteria) may be entitled to accommodations under Section 504.

Child Find Notice

In compliance with the Individuals with Disabilities Education Improvement Act of 2004 (IDEA), Legion Collegiate Academy, under the oversight of Limestone Charter Association, is responsible for locating, identifying, and evaluating any student enrolled who is known or suspected to have a disability. This responsibility applies to all students, including those who are experiencing homelessness. Disabilities may include, but are not limited to: developmental delay, intellectual disability, emotional disability, speech or language impairment, hearing loss or deafness, visual impairment, deaf-blindness, orthopedic impairment, other health impairment, traumatic brain injury, autism, and multiple disabilities.

A request for an evaluation, referred to as a referral, may be made by school staff members or parents/guardians who have reason to believe a student may have a disability. Staff members who suspect a disability have a legal obligation to make a referral. Before submitting a referral, the individual must inform the student’s parent or guardian that the referral will be made.

When a referral is received, Legion Collegiate Academy will assemble an Evaluation Planning Team to determine if the student requires an evaluation for special education. While the school offers academic and behavioral interventions for struggling students, these supports cannot be used to delay or deny an evaluation request.

Referrals must be submitted in writing and should clearly state the reason for suspecting a disability. Referral forms can be requested by contacting Mrs. Mitchell, Special Education Coordinator at LCA SPED or Angie Creagh, Dean of Students.

Legion Collegiate Academy Policy on Service Animals

Original Document January 2023 -Updated February 2025
Developed Based on information taken from:
American with Disabilities Act of 1990 42U.S.C.A. Section 12101, et.seg
Individual with Disabilities Education Act 20 U.S.C.A. Section 1400
Rehabilitation Act of 1973 Section 504 29 U.S.C.A. Section 794
Developed in consultation with local school districts (York, Clover, Fort MIll, Lancaster,and Rock
Hill) for continuity in regulations as students move from one school to another

Objectives:

• To provide a basic structure for the use of service animals on school property as an accommodation.
• To ensure that policies of the American Disabilities Act are permitted within the school. 

Definition of a service animal

• Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability.
• The policy does not recognize animals that solely provide emotional support, comfort, or companionship as service animals.

Requirements and handler responsibilities

Approval process: Students or staff who require a service animal are encouraged to notify the school and coordinate with administration to develop a plan for the animal's presence, including a phased in approach for the animal’s presence.

Student/ staff handler control: The student with the disability or a designated handler is responsible for the care and supervision of the service animal at all times. The animal must be leashed, harnessed, and under the handler's control at all times.

Proper behavior: The animal must be housebroken and exhibit appropriate behavior. The handler is expected to correct disruptive behavior.

Service animals may be excluded if they are out of control, not housebroken, pose a direct threat, or fundamentally alter a school program. The handler is responsible for all waste removal and all damages caused by the animal.

Documentation: The school cannot require documentation proving the animal's certification or training. However, if the animal's function is not obvious, staff may ask if it
is a service animal and what tasks it performs.

Allergies: The school will attempt to accommodate both the needs of individuals with service animals and those with allergies or fears. Allergies or fear are generally not sufficient reasons to deny access to a service animal; the administrative team will explore reasonable accommodations such as reassigning individuals to different areas, if available.

Interactions:
Other members of the school community, including students, should not pet, distract, or interact with a working service animal.

Key requirements to move forward with a request:
Formal Request: You must submit a request for the service animal to the appropriate administrative personnel in advance of the school year or the student's enrollment.

Section 504 Analysis: The school will conduct a Section 504 analysis to determine the proper accommodations and programs for the student and service animal.
Task-Oriented Animal: The animal must be a dog, or a miniature horse in specific cases, that has been individually trained to perform specific work or tasks for the benefit of the student with a disability.
Emotional Support is Not Enough: The animal's purpose cannot be solely for emotional support, well-being, comfort, or companionship.
 

Process by step:

1. Contact the principal and provide notification of the desire and need for a service animal.
2. Provide the necessary information about the student’s disability and how the animal addresses that disability.
3. Participate in the 504 process.