Section 504 of the Rehabilitation Act of 1973 is a federal, nondiscrimination statute that prohibits the exclusion of disabled individuals from participation in programs receiving federal funds when the exclusion is based on disability.
Section 504 also requires equal access to educational opportunities whether academic or non-academic, for person with disabilities and ensures that students with disabilities receive the same benefits from school programs and school services available to students without disabilities.
Section 504 ensures that a student with a disability has equal access to education by requiring schools to provide accommodations for the student. Students who qualify for a 504 plan must be allowed to receive any help, benefit, and/or service to participate in activities that are available for students without disabilities, such as school- sponsored events and extra-curricular activities.
Section 504 defines a person with a disability as any person who:
Has a physical or mental impairment which substantially limits one or more major life activities;
Has a record of such impairment; or
Is regarded as having such an impairment
When determining if a person has a disability, a school cannot consider mitigating factors (e.g. medication, assistive devices) when determining how the impairment impacts the major life activities under consideration.
What are the differences between IDEA and Section 504?
IDEA is a federal special education law for children with disabilities.
To be eligible for special education services and an IEP, a student must be diagnosed with a disability and, as a result of that disability, must require specialized instruction or related services to make effective progress.
Students on a 504 Plan do not require specialized instruction to make progress but, due to their disability, need additional support and accommodation for equal access to an education. A student’s 504 Plan will provide accommodations that allow a student with a disability to have the same level of access to the instruction, school activities, and school facilities as students without disabilities.
504 Process
504 Administrators: The Director of Counseling, Director of Health Services, and Principal are the 504 Administrators responsible for oversight of the 504 process
504 Team Leaders: The school counselor and school nurse are 504 Team Leaders responsible for the coordination, development, and dissemination of the 504 plan.
504 District Coordinator: The Assistant Superintendent for Student Support Services is the District 504 Coordinator responsible for Section 504 Compliance for all students and their families. The Assistant Superintendent for Human Resources is the District 504 Coordinator for all matters related to employees.
Any staff member who suspects a student may have a disability should talk to the school counselor or administrator about their concerns.
There are several steps to the 504 Process including child find, referral, evaluation, and eligibility. Additionally, consideration for eligibility includes documentation of the disability/impairment, teacher feedback, and performance in the current learning environment.
If a student is eligible under Section 504, a 504 Plan is developed.
504 Team: A 504 Team is available at each school to determine reasonable and appropriate accommodations for the student to receive equal access. The team typically consists of a school or district administrator, the student’s school counselor and/or school nurse, a general education teacher and any other staff that is familiar with the student or is an expert in the evaluation document that is being considered.
Parents/Guardians are encouraged to participate in the 504 process for their student and must receive notice of the 504 Plan and their rights under Section 504. Parents/Guardians who wish to refer a student for 504 eligibility determination should complete the Parent/Guardian Referral form.
All staff members are responsible for implementing accommodations in their role and in relation to the student. Additionally, the 504 Team may deem it appropriate to provide coaches and extracurricular programs with information regarding a student’s 504 Plan.
Students with 504 Plans are periodically re-evaluated, typically every 3 years, or sooner if needed.
For additional information:
Parent/Guardian Referral form.