Section 504 is a component of the Rehabilitation Act that authorizes federal support for the rehabilitation and training of individuals with physical and mental disabilities. More a civil rights law than an education act, Section 504 is significant for students with special needs because it provides protections for those whose disabilities do not match the definitions under IDEA 2004.
Section 504 protects students with issues such as: communicable diseases, temporary disabilities arising from accidents, and allergies, asthma, or environmental illnesses.
Under Section 504, a student has a disability if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Appropriate services are educational activities designed to meet the needs of those with disabilities to the same extent that the needs of those without disabilities are met. Eligibility is based on a team's determination of whether there is a substantial limitation to one or more major life activities resulting from a physical or mental impairment. Once a determination is made, an individual accommodation plan is developed. The accommodation plan is not as extensive as an IEP, but it should include clear information on how school personnel can implement accommodations to meet individual student needs.
Some services that are applicable to a Section 504 plan include:
Providing an acoustical amplification system and distraction-free seating for a student with ADHD who has difficulty attending to instruction
Developing a management plan that trains school personnel to meet the needs of a student with diabetes, including specialized snacks, lavatory access, and exercise opportunities
Providing appropriate training to those who work with a student with bipolar disorder and providing the student opportunities for time-out when unpredictable mood swings occur
Providing interpreters of orally delivered material for students with hearing impairments
Creating a health-care plan for the management of acute and chronic phases of student illnesses such as cystic fibrosis and epilepsy or of hypersensitive allergic reactions to certain foods (e.g., peanuts) or environmental events (e.g., odours or noise)
General Education: Section 504 ensures that appropriate educational services are delivered by the school to children with disabilities, once eligible.
Special Education: Helps determine whether a student is in need of a 504 plan and ensures accommodations are provided and followed through.
Student: Use their own voice when appropriate to be an active participant in developing a plan for their success.
Families: Parents/Guardians/Surrogates should be an active participant in the referral or development of a Section 504 plan for the student. Families of the student have the right to be involved in the process and the freedom to express concerns.
Readings:
McLeskey, J., Rosenberg, M. S., & Westling, D. L. (2018). Inclusion: Effective practices for all students (3rd ed.). Upper Saddle River, NJ: Pearson Education Resources.
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