504 Accommodations
The Rehabilitation Act of 1973, commonly known in the schools as “Section 504,” is a federal law passed by the United States Congress with the purpose of prohibiting discrimination against disabled persons who may participate in, or receive benefits from, programs receiving federal financial assistance. In the public schools specifically, §504 applies to ensure that eligible disabled students are provided with educational benefits and opportunities equal to those provided to non-disabled students.
Under §504, a student is considered having a medical condition/disability if he or she has a physical or mental impairment that substantially limits one or more major life activities. Section 504 also protects students with a record of an impairment, or who are regarded as having an impairment from discrimination on the basis of disability. Students can be considered disabled and can receive services under §504 even if they do not qualify for, or receive, special education services under the IDEA. While IEPs fall under Special Education Law, 504 Plans fall under the Office of Civil Rights, with the intent that students who qualify are provided equal and reasonable access to education.
To be eligible under §504, there are two requirements: a child has to have been diagnosed with a medical condition/disability and that disability must substantially limit the child’s ability to learn in a general education classroom (which is one of the major life activities). This can include learning, reading, communicating, and thinking. Evaluative data from observations, record review, and teacher input is reviewed in addition to the medical documentation to determine whether and what types of accommodations may be required to provide equal access to learning in the general education setting. In comparison, to be eligible under an IEP, a child has one or more of the 13 disabilities listed in IDEA; the disability must impact substantially on the child’s educational performance and/or ability to learn and benefit from the general education curriculum, and the child must need specialized instruction in order to appropriately progress in school.
Procedures are followed by a knowledgeable committee in making decisions regarding this federal law. To be eligible for Section 504 the committee must identify:
physical or mental impairment
substantial limitation
impact on educational performance
Process of Referral for a 504 Plan
Once the request is initiated, it is forwarded to Pupil Personnel Services. Once received, you will be contacted to review the 504 process. You may be requested to provide additional data such as parent input, medical reports/records, health history form, etc. Additionally, school personnel will gather data such as teacher input, school medical reports, nurse's report, report cards, etc. The 504 Committee reviews this information in order to determine if the student meets eligibility for a 504 Plan and if so, identifies the accommodations to be included in the plan. Once the plan has been developed, it is shared with school staff to be implemented and will be reviewed periodically.
