FAQs about 504

What is considered a disability under Section 504?

It must be a physical or mental impairment. The Department of Education describes "physical or mental impairment" as:

  • (A) 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
  • (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities. 34 CFR 104.3(j)(2)(i).

The disabling condition must substantially limit one or more major life activity. A "major life activity" includes (but is not limited to) learning, concentrating, thinking, communicating, reading, walking, seeing, breathing, eating, lifting, bending, and major bodily functions/systems (neurological, immune, respiratory, etc.)

What is a 504 Accommodations Plan?

An Accommodations Plan is the primary document used in Section 504 to provide equal access to educational services for students with a qualifying disability. The document is designed to make changes, as appropriate, to the environment or instruction to ensure the student has equal access to his/her education. This plan is individualized to meet the needs of the student.

Who should I contact if I suspect my child may have a qualified disability and is in need of a 504 Accommodations Plan?

Contact the designated Section 504 school based coordinator or your child's school administrator.

If my child has a qualifying disability, will he/she automatically receive a 504 Accommodations Plan?

If your child is found to have a qualifying condition under Section 504, your child's 504 team (including yourself and at least one of your child's teachers) will next determine if a 504 Accommodations Plan is necessary to meet your child's needs. The purpose of the 504 Accommodations Plan is to provide students with a qualifying disability equal access to his or her educational environment, materials, or program. Accommodations will be related to how the disability is currently impacting the student while at school.

Not all children with a disabling condition under 504 is in need of an Accommodations Plan because some disabilities that substantially limit a major life activity may not be impacting a student while at school, may be in remission, or may be currently treated with medication or other health interventions outside of RRGSD that improve the symptoms or manifestation of the disability while the child as at school, making the 504 Accommodations Plan unnecessary.

What procedural safeguards are provided by Section 504?

Procedural Safeguards are rules that tell what procedures schools and parents must use in making decisions about services for students with disabilities. Under Section 504, parents have the right to:

  • receive notice regarding the identification, evaluation, and placement of their child
  • receive prior notice when the school is changing or discontinuing services for their child
  • review their child's records
  • participate in an impartial hearing and review process with or without representation by counsel

In addition, school districts must provide public notification of the following:

  • policies of non-discrimination
  • grievance procedures
  • the contact information for the district Section 504 compliance specialist

Once a student is identified as eligible for services under Section 504, is that student always entitled to such services?

Yes, as long as the student remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Section 504.

Can a student ever be served simultaneously through both a Section 504 Plan and an IEP provided under special education?

No. While all students who are eligible under IDEA are also eligible under Section 504, decisions with respect to a special education student’s identification, evaluation and placement have to be made pursuant to IDEA requirements. Put simply, an IDEA-eligible students cannot be served by a Section 504 plan, since that Section 504 plan is neither created nor maintained through the more stringent procedural protections of the IDEA.