What is a Section 504 Plan?

A Section 504 plan is a written plan that describes the educational and related aids and services that a district determines a disabled student needs to receive a free appropriate public education. The content of a Section 504 plan is fluid and may change within a school year or between school years as a student’s needs and services change.

A school-aged student is a disabled student under Section 504 for purposes of FAPE if the student:

1. Has a physical or mental impairment

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis on an individual inquiry. A physical or mental impairment may be any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

2. That substantially limits

A physical or mental impairment substantially limits a major life activity for a student if the impairment substantially limits the student’s ability to perform a major life activity as compared to the student’s non-disabled age/grade peers. An impairment, however, need not prevent, or significantly or severely restrict, a student in performing a major life activity to be considered substantially limiting.

3. One of more major life activities

Major life activities include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Major life activities also include other general activities such as eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. In addition, major life activities include major bodily functions such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Who Can Refer a Student for a Section 504 Evaluation?

Any person can refer a student for evaluation under Section 504. Parents, guardians, and school staff should refer a student for evaluation if they know or suspect that, due to a disability, the student needs special education or related aids or services to participate in or benefit from a district’s education program.

Must Parents or Guardians Consent Prior to Initial Evaluations and Initial Placements Under Section 504?

Yes. Under Section 504, a district must obtain parent or guardian consent in two circumstances: before a child’s initial evaluation (the first time a child is evaluated by any district) and before a child’s initial placement (the first time a child is placed on a Section 504 Plan in any district). If a parent or guardian refuses consent to either initial evaluation or initial placement, a district may, but is not required to, initiate a Section 504 due process hearing to override the refusal to consent. A district must notify a parent or guardian, but need not obtain consent, before it re-evaluates or significantly changes a student’s placement.

If you think your child would benefit from having a 504 Plan, please contact your friendly school counselor at rjohnson@bcbe.org or call the school office at (251) 626-2424.