What Is Section 504?

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination on the basis of disability in programs and activities receiving federal financial assistance.

The U.S. Department of Education's Office for Civil Rights (OCR) enforces Section 504. In addition, Title II of the Americans with Disabilities Act (ADA) extends these protections to all public schools. Together, these laws ensure that qualified students with disabilities have equal access to educational opportunities and school-sponsored programs.

Unlike special education under the Individuals with Disabilities Education Act (IDEA), Section 504 does not provide specially designed instruction. Instead, it provides accommodations and supports that allow eligible students to participate in the general education program to the same extent as their peers.

Eligibility

A student may qualify for services under Section 504 if they have a physical or mental impairment that substantially limits one or more major life activities.

Major life activities may include:

• Learning
• Reading
• Writing
• Concentrating
• Thinking
• Communicating
• Seeing
• Hearing
• Walking
• Breathing
• Caring for oneself
• Performing manual tasks
• Major bodily functions

Eligibility is determined by a knowledgeable campus committee  using information from a variety of sources, including educational records, medical information (when applicable), teacher input, parent input, and evaluation data.

What Is a Section 504 Plan?

A Section 504 Plan is a written document developed by a campus committee that outlines the accommodations and supports a student needs to access their educational program.

Accommodations are individualized based on each student's unique needs and may include:

• Extended time for classroom assignments and assessments
• Preferential seating
• Organizational supports
• Behavior supports
• Health-related accommodations
• Assistive technology
• Environmental modifications
• Access to instructional materials or class notes

A Section 504 Plan does not change curriculum expectations or lower academic standards. Instead, it removes barriers that may prevent a student from fully participating in the educational environment.

The Section 504 Process

The Section 504 process generally includes the following steps:

1. Referral

A concern is brought forward by a parent, teacher, counselor, administrator, or other knowledgeable individual.

2. Review of Existing Information

The campus committee gathers and reviews relevant educational, medical, behavioral, and other available information.

3. Determination of Eligibility

The committee determines whether the student meets the eligibility requirements under Section 504.

4. Development of a Section 504 Plan

If eligible, the committee develops an individualized plan outlining appropriate accommodations.

5. Implementation

Teachers and appropriate staff implement the accommodations identified in the student's Section 504 Plan.

6. Annual Review

The committee reviews the student's plan at least annually to determine whether accommodations remain appropriate.

7. Reevaluation

The student's eligibility is periodically reevaluated and whenever a significant change in placement or services is being considered.

Parent and Guardian Rights

Parents and guardians play an important role in the Section 504 process and have the right to:

• Receive notice regarding identification, evaluation, and placement decisions.
• Participate in Section 504 committee meetings.
• Review their child's educational records.
• Receive a copy of procedural safeguards.
• Request an impartial hearing.
• File a complaint with the U.S. Department of Education's Office for Civil Rights if they believe discrimination has occurred.

How is Section 504 different from Special Education?

Section 504 is a civil rights law that provides accommodations to ensure equal access to education. Special education services under IDEA provide specially designed instruction for students who meet eligibility criteria under one of the disability categories established by federal law.

Does having a medical diagnosis automatically qualify a student?

No. A medical diagnosis alone does not automatically qualify a student. The Section 504 Committee reviews multiple sources of information to determine whether the impairment substantially limits one or more major life activities.

Can a student receive accommodations without qualifying for Special Education?

Yes. Many students receive accommodations through a Section 504 Plan without qualifying for special education services under IDEA.

How often is a Section 504 Plan reviewed?

Plans are reviewed at least annually and whenever a student's educational needs change.