Section 504 is an element of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. Section 504 states,

“No otherwise qualified individual with a disability in the United States…shall, solely by reason of his or her disability, be excluded from the participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…” [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)]

How can this help my child with his/her education?

Any student who has a mental or physical impairment that substantially limits one or more major life activities; has a record or history of such impairment; or is regarded as having such an impairment is eligible for Section 504 services. Major life activities include, but are not limited to: self-care, performing manual tasks, walking, seeing, speaking, hearing, eating, sleeping, standing, lifting, bending, sitting, thinking, learning, reading, communicating, breathing, concentrating, interacting with others, working, or operation of a bodily function. This may include, but is not limited to, individuals with ADHD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette’s syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders and temporary disabilities (e.g., broken writing arm, broken leg, etc.). Conditions that are episodic or in remission are also now covered if they create a substantial limitation in one or more major life activity while they are active.

I think my child meets the criteria for a Section 504 Plan. What should I do?

A parent/guardian, staff member, or anyone else can refer a student for evaluation under Section 504 Although a parent/guardian does not have an absolute right to a Section 504 evaluation upon request, the district will evaluate a student if the district has reason to believe the student is in need of special education or related services because of a disability (Parent and Educator Resource Guide to Section 504 in Public Elementary Schools, December 2016).

The referral is initially reviewed by the school’s Building Intervention Team (BIT), which is comprised of general education teachers, special education staff, administration, and other necessary professionals, including counselors.  If the BIT has reason to believe that the student is suffering from a medical, mental and/or physical impairment that substantially limits a major life activity and is in need of either regular education with supplementary aids and services or special education and related services, it will refer the student to the school’s 504 team to determine eligibility under Section 504.

The Section 504 team is comprised of the student’s parent/guardian, general education teachers, special education staff, administration, and any other necessary professional or individual knowledgeable of the student, the meaning of evaluation data, and placement options.

No formalized assessments are required; yet, the Section 504 team will consider any medical information provided by parents/ guardians, grades, teacher’s reports, additional information from parents, state assessment scores and other district assessments, observations, attendance records, discipline reports, health records and adaptive behavior information.

A meeting will take place within a reasonable period of time after the parent/guardian or staff member has made the request to the school. The Section 504 team will provide written notification of the meeting to the parents/guardians.

The parents will always be given notice before their child is evaluated and/or determined to be eligible under Section 504; along with, a copy of their parental rights. Parents will also be provided with a copy of their child’s Section 504 Plan if the Section 504 team determined that the child is eligible and could benefit from accommodations. 

Eligibility Criteria

The student must meet any one of the following criteria:

What is a Section 504 Plan?

The Section 504 plan is an individual student plan developed by the student’s Section 504 team.

The Section 504 team will determine reasonable accommodations, modifications, adaptations, interventions, aids, and services that are necessary to meet the student’s individual needs.

Periodically, and at least annually, the Section 504 team will review the student’s response to the effectiveness of the plan.  A parent/guardian may request at any time that the plan is reviewed and revised if needed.

If, at any time, the Section 504 team suspects that the student is in need of specialized instruction and/or related services, the team will schedule an Individualized Education Program (IEP) team meeting with the parents to determine if eligibility for special education under IDEA should be pursued.

Accommodations/Services available under a Section 504 Plan

Every student’s needs are determined individually.  The Section 504 team will consider the student’s impairment and what the student needs to receive a Free and Appropriate Public Education (FAPE), including but not limited to providing an equal opportunity to participate in and to benefit from the aids, services, and programs available when compared to students who do not have an impairment. The Section 504 team may consider any reasonable accommodation/services.

Examples of reasonable accommodations/services are: