What is Section 504?
Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met.
Who qualifies under Section 504?
As defined by federal law: “An individual with a disability means any person who: (i) has a mental or physical impairment that substantially limits one or more major life activity; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment”[34 C.F.R. §104.3(j)(1)]. An impairment as used in Section 504 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. [“It should be emphasized that a physical or mental impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities” (Appendix A to Part 104, #3)].
Many students have conditions or disorders that are not readily apparent to others. They may include conditions such as specific learning disabilities, diabetes, epilepsy and allergies. Hidden disabilities such as low vision, poor hearing, heart disease or chronic illness may not be obvious, but if they substantially limit that child’s ability to receive an appropriate education as defined by Section 504, they may be considered to have an “impairment” under Section 504 standards.
504 Plans
A 504 plan is the legal anti-discrimination document that requires schools to make accomodations for a child based on his or her needs. A 504 Plan is implemented in the regular classroom and It does not provide specialized "pull-out" services for children. It may include modifications of the regular curriculum, such as extended time to complete assignments, marking answers in the book, dictating answers to a scribe, or taking tests orally. Such modifications are deemed necessary to allow a child to participate more fully in the educational program and must be related to the limitations of their disability. The plan helps to insure that your child is not discriminated against based on a recognized medical or mental disability.
FAQ
What if my child is referred to the 504 team?
If your child is referred by the Intervention Team to the 504 Team, then it is highly likely that the team has knowledge of a pre-existing condition diagnosed by a medical professional or believes that a comprehensive ADHD evaluation should be conducted by the School Psychologist or other relevant professional. If the 504 team agrees to the evaluation, you will be asked to give consent for the assessment to be conducted, provide information and documentation of medical disabilities, and provide input for the parent portion of the assessment.
Once the assessment/data collection is completed, the 504 team reconvenes to determine if the child has a disability as outlined by Section 504 Law and if that disability substantially limits one or more major life functions. If eligibility criteria are met, then the team will develop a 504 plan.
A 504 Plan is an accommodation plan that is implemented in the regular classroom. There are no "pull out" or specialized instructional services.
It may include modifications of the regular curriculum, such as extended time to complete assignments, marking answers in the book, dictating answers to a scribe, or taking tests orally. Such modifications are deemed necessary to allow a child to participate more fully in the educational program and must be related to the limitations of their disability. The plan helps to insure that your child is not discriminated against based on a recognized medical or mental disability.
What if I believe my child might be eligible for or already has a 504 plan?
If you believe your child might be eligible for a 504 plan, please contact your School Counselor and discuss your concerns. When warranted, a 504 team meeting will then be held with you present to discuss your concerns and ways to ensure that your child’s needs are being met in the school setting. If your child already has a 504 plan from a previous State or County, please contact your School Counselor directly and if possible, send copies of the old plan to the school. A meeting will then be held to discuss additional steps needed to ensure continuity of the plan in our school district.