Section 504 Overview
Section 504 is part of the Rehabilitation Act of 1973. This is a federal anti-discrimination law for
people of any age. The law prevents discrimination for those participating in any activities that
receive money from the U.S. Department of Education. In schools, a 504 plan gives reasonable ways to remove barriers that may prevent a student from accessing educational services. Students with disabilities are also protected against other forms of discrimination, such as being prevented from going on field trips due to their disabilities. Any student with an IEP has the protections of Section 504.

To qualify for a 504 plan, a student must have a disability that limits a major life activity. The law
was changed in 2008. The definitions of “disability” and “ major life activity” were expanded. More
students may now qualify for a 504.

Students who are eligible must be given a free and appropriate public education (FAPE) so their
needs at school are met. This also means equal access to non-academic programs run by the school district. Extracurricular programs can require certain skills, but the schools can’t keep out students with disabilities simply because they have a disability and may need accommodations and related services.

A 504 plan can be helpful for a student who has a disability but doesn’t meet Special Education eligibility under the Individuals with Disabilities Education Act (IDEA), a federal law. Sometimes a
student who is exited from Special Education, or whose parent has revoked consent to Special Education, may be eligible for a 504 plan. Although 504 plans are not the same in college, students can use them to help get needed academic adjustments. In college, however, 504 requirements are very different than those required in elementary and secondary schools.
A student in Special Education must need specialized instruction, but this is not a requirement for a student with a 504 plan.

As with Special Education, eligibility for a 504 plan begins with an assessment. Once eligible, the
school’s 504 team writes the 504 plan. This plan lists the accommodations and services the school will offer so the student can access the general education program.

Each school district must have a 504 policy that states how it will implement this law. Your school
district’s policy will also explain the process to go through if you disagree with the decisions of the 504 team.

504 Plan Eligibility

An EVALUATION is used to decide if a student has a disability under Section 504. The school    district provides this evaluation. To request one, send a letter to your school. Some parents request an evaluation for both a 504 and Special Education (see sample letter). Schools may use the same process for both evaluations.

A parent can give the district assessments or information from other professionals, such as a physician or psychologist who has diagnosed a disability. However, a medical diagnosis is not required for a student to be eligible. If the school says a medical diagnosis is needed, then it must be done at no cost to the parents.

A good assessment is important. It is the foundation upon which eligibility decisions are made and what should be in a 504 plan to support the student. Assessment tools should be valid and appropriate for the disability. The assessment process should also evaluate the impact of the disability on a student’s ability to access his or her education.

What is included in an assessment? It may or may not involve standardized tests that measure a particular skill impacted by the disability. It should include observation of the student in the environment and any other relevant observations or information from others who know the student.

After the assessment is complete, and if you disagree with the findings, refer to the 504 policy of your school district to learn about the appeal process.

If a school refuses to evaluate, it must give parents a notice of their rights so they know how to appeal. The parent may decide to pay for an independent evaluation.

504 Plan Accommodation Examples

Examples of 504 plans for specific disabilities are often listed on the websites of national disability organizations. Below are some examples.

Diabetes:

• private space and time to monitor glucose levels
• ability to eat snacks when needed
• chance to make up missed work due to illness
• training of staff in a health plan

NOTE: Schools cannot require parents to come to school to administer medication.

ADHD:

• chunking assignments into small parts with due dates spaced throughout
• seating away from distractions
• short breaks to regain focus
• shortened homework assignments
• supervision on outings
• quiet setting for tests
• two sets of books
• services in a behavior support plan
• supervision of medication

Depression or anxiety:

• extended time for tests
• shortened assignments
• modified schedule
• ability to take breaks in quiet setting
• time for appointments with counselors/mental health professionals

Severe Food Allergy:

• emergency health plan
• lunch table free from allergen
• ability to keep safe snacks at school for special occasions
• supervision of medication

Dyslexia:

• extra time for reading
• assistive technology
• shortened homework assignments
• note taker for class