Section 504

Section 504 is a Civil Rights law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ."

The Office for Civil Rights (OCR), through the US Department of Education (ED), enforces Section 504 in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104.

Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met. pasting  For more information, visit: http://www2.ed.gov/about/offices/list/ocr/504faq.html

Parents can learn more about Section 504 by speaking directly with the Section 504 Coordinator at their child’s school.       

A student with a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment, or is regarded as having such an impairment, is eligible to receive accommodations under Section 504.

A physical or mental impairment may include but are not limited to, physical disabilities or conditions, psychological disorders, and specific learning disabilities.

Major life activities may include, but are not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, learning, and working.

If a physical or mental impairment prevents the student from performing one or more of the major life activities listed above, the student is able to be considered for accommodations under Section 504. Each student case is reviewed individually.

Section 504 of the Rehabilitation Act of 1973 provides students with disabilities access to a free and appropriate public education, and protects them from discrimination. Schools that receive federal funding provide accommodations to meet these requirements. Accommodations can include: 

• Changes to the environment

  For example, a student with behavior problems might use a behavior chart or picture schedules. 

• Changes to instruction

  For example, a student who has difficulty taking notes might be allowed to tape record the class or use a computer. 

• Changes to how curriculum is presented

  For example, a student might be allowed extended time to complete assignments and tests. 

Process 

Outcomes of Eligibility Determination 

The decision to provide accommodations is made by a group of individuals who are knowledgeable about the student’s abilities, the meaning of the data and information being reviewed, and the type(s) of accommodation(s) that may best meet the student’s needs. The school-based 504 Team must include at least two individuals listed below who can:

• Speak to the student’s abilities and skills (e.g., the student’s teacher(s) or school counselor)
• Interpret reports or evaluations (e.g., school psychologist, school administrator, social worker)
• Share information about the accommodations available to meet the student’s needs (e.g., the Section 504 Coordinator)

While the school can invite the student’s parent(s) to participate in meetings, they do not make up part of the school based 504 Team. 

The information reviewed by the 504 Team must come from a variety of sources and describe the student’s abilities and needs. 504 Teams may review information from assessments, observations, student work samples, report cards, and medical records to understand the student’s aptitude, achievement, behaviors, and health/medical needs. Parents and school staff may bring any information they believe best describes the student’s abilities and needs.

**Note**: Physicians may also recommend that the school provide certain accommodations, but ultimately, the 504 Team is responsible for determining whether the recommended accommodations are appropriate and how to provide them at school, Thus, this approval is made by the 504 Team, not the physician.

The 504 Team is responsible for considering, on a case-by-case basis, whether a student’s impairment substantially limits a major life activity.  This determination is based on a review of multiple sources of information.  The 504 Team considers whether the student’s impairment significantly impacts the student’s performance and/or participation in school, based on the information presented. While a student may have a disability, it must be determined that it substantially limits or significantly impacts the student's major life activity at school in order to qualify. 

The 504 Team determines which accommodations are appropriate for each student based on the nature and severity of the student’s impairment, and individual need.

For students whose ongoing or long-term medical needs impact day-to-day activities and functions (ie, participating in a Physical Education classroom or receiving special accommodations in the cafeteria), a 504 plan will document instructional, behavioral, and environmental accommodations that are needed in the school setting. For students who need medical services provided by a building nurse or another trained school staff member (ie, administering medications, insulin checks), or who have short-term medical needs, an individual health plan will document the student’s medical condition and specific actions that will be taken by health office or school staff. Some students will have both a 504 plan and a health plan.

No. 504 Plans must be renewed annually by the 504 Team. As long as the student’s impairment continues to substantially limit the student’s performance and/or participation in school, the student remains eligible to receive accommodations.  If the team decides that the impairment no longer continues to substantially limit the student's performance and/or participation in school, the student will be exited from 504 services and parent(s)/guardian(s) will receive notice in writing. 

While accommodations vary on a case-by-case basis, examples of accommodations can be found here:   504AccommodationsGuide.pdf