Section 504


Section 504 covers qualified students with disabilities who attend public schools. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment.

Section 504 requires recipients to provide the students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.

Section 504 is different than an IEP under IDEA. Please contact the school counselor for more information.

504 vs IEP


IEP

504

What It Does

Provides individualized special education and to meet a child’s unique needs.

These services are provided at no cost to families.

Provides services and changes to the learning environment to enable students to learn alongside their peers.

As with an IEP, a 504 plan is provided at no cost to families.

What Law Applies

The Individuals with Disabilities Education Act (IDEA)

This is a federal special education law for children with disabilities.

Section 504 of the Rehabilitation Act of 1973

This is a federal civil rights law to stop discrimination against people with disabilities.

Who’s Eligible

To get an IEP, there are two requirements:

  1. A child has one or more of the 13 disabilities listed in IDEA. The law lists specific challenges, like learning disabilities, ADHD, autism, and others.

  2. The disability must affect the child’s educational performance and/or ability to learn and benefit from the . The child must need specialized instruction to make progress in school.

To get a 504 plan, there are two requirements:

  1. A child has any disability. Section 504 covers a wide range of different struggles in school.

  2. The disability must interfere with the child’s ability to learn in a general education classroom.

Section 504 has a broader definition of a disability than IDEA. (It says a disability must substantially limit one or more basic life activities. This can include learning, reading, communicating, and thinking.) That’s why a child who doesn’t qualify for an IEP might still be able to get a 504 plan.

Who Creates It

There are strict legal requirements about who participates. An IEP is created by an IEP team that must include:

  • The child’s parent or caregiver

  • At least one of the child’s general education teachers

  • At least one special education teacher

  • School psychologist or other specialist who can interpret evaluation results

  • A district representative with authority over special education services

With a few exceptions, the entire team must be present for IEP meetings.

The rules about who’s on the 504 team are less specific than they are for an IEP.

A 504 plan is created by a team of people who are familiar with the child and who understand the evaluation data and special services options. This might include:

  • The child’s parent or caregiver

  • General and special education teachers

  • The school principal

What’s in It

The IEP sets learning goals and describes the services the school will provide. It’s a written document.

Here are some of the most important things the IEP must include:

  • The child’s present levels of academic and functional performance—how the child is currently doing in school

  • Annual education goals for the child and how the school will track progress

  • The services the child will get—this may include special education, related, supplementary, and extended school year services

  • The timing of services—when they start, how often they occur, and how long they last

  • Any accommodations—changes to the child’s learning environment

  • Any modifications—changes to what the child is expected to learn or know

  • How the child will participate in standardized tests

  • How the child will be included in general education classes and school activities

There is no standard 504 plan. Unlike an IEP, a 504 plan doesn’t have to be a written document.

A 504 plan generally includes the following:

  • Specific , supports, or services for the child

  • Names of who will provide each service

  • Name of the person responsible for ensuring the plan is implemented