What is Section 504?

IDEA is a funding statute designed to aid states in meeting the educational needs of students with disabilities. In contrast, Section 504 is a nondiscrimination statute designed to address discriminatory actions (e.g., different treatment, denial of access, disability-based harassment). Section 504 requires that disabled persons be provided equal opportunities as non-disabled persons: 

“No otherwise qualified individual with a disability in the United States ... shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.” 29 U.S.C. § 794(a).

Can a Student Have an IEP and 504 Plan at the same time?

No. Although all students who are eligible for special education under IDEA are also eligible under Section 504, the former has more specific requirements and thus all decisions and documentation regarding identification, evaluation, and placement have to be made pursuant to IDEA requirements. 

Is Evaluation Required Before Placement of 504 Students?

Yes. See Recommended Evaluation Guidelines here

When determining whether an impairment is substantially limiting, should a team consider the impact/benefit of medication or assistive devices? 

No. Medication or assistive devices (such as hearing aids, medication, wheelchairs or walkers, etc.) should not be considered in determining whether disability substantially limits a major life activity (e.g., a student with ADHD should be considered as if they had not been taking medication). 

Are Manifestation Determination meetings required for students on 504 plans?

Yes. See Discipline section for more on when Manifestation Determination might be needed.