FAQs about Section 504
Q: What is Section 504?
A: Section 504 of The Rehabilitation Act of 1973 prohibits discrimination based upon disability in federally assisted programs or activities. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of non-disabled students. Under Section 504, students with disabilities have the right to a Free Appropriate Public Education (FAPE). Section 504 of the Rehabilitation Act states that, “No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, 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…” [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)].
Q: How does Section 504 define Free Appropriate Public Education (FAPE)?
A: Section 504 of The Rehabilitation Act defines FAPE as, “the provision of regular or special education and related aids and services that are designed to meet individual needs of handicapped persons as adequately as the needs of nonhandicapped persons are met...”
Q: What is a Section 504 Plan?
A: A Section 504 Plan is a plan for eligible students with disabilities or impairments detailing services and accommodations necessary to access everything that non-disabled students can, including general education curriculum.
Q: Who is eligible for a Section 504 Plan?
A: An eligible individual is one who has a physical or mental impairment which substantially limits one or more major life activity such as learning, speaking, walking, seeing, hearing, breathing, working, self-care, or performing manual tasks; or has record of an impairment; or is regarded as having an impairment. With the reauthorization of the Americans with Disabilities Amendment Act in 2019, this list has been expanded to also include the life activities of reading, concentrating, standing, lifting, bending, etc. This may include 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.
Q: If a student does not meet eligibility criteria under the IDEA, is the student automatically eligible under Section 504?
A: There is no automatic eligibility under Section 504. A student must have a mental or physical impairment that substantially limits a major life activity. Depending on the severity of their condition, students who do not meet the eligibility criteria under The Individuals with Disabilities Education Act (IDEA), may or may not meet eligibility under the section 504 guidelines. Decisions must be made on an individual basis.
Q: Who can refer a student to be considered for an evaluation under Section 504?
A: Anyone can make a referral, such as parents or a doctor. However, in a memorandum from the Office for Civil Rights (OCR), “the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability” (OCR Memorandum, April 29, 1993). This means a school district does not have to refer or evaluate a child under Section 504 solely upon parental demand. The school district will agree if they suspect that, “the student has a mental or physical impairment that substantially limits a major life activity and is in need of either regular education with supplementary services or special education and related services” [letter to Mentink, 19 IDELR 1127 (OCR) 1993]. If a parent requests a referral for evaluation, and the school district refuses, the school district must provide the parent with written notice of their procedural rights under Section 504 of The Rehabilitation Act of 1973.
Q: Is the definition of evaluation under Section 504 the same as that found in the IDEA?
A: No. The requirements for an evaluation under Section 504 are general and do not contain the same specific procedures as under the IDEA. Under Section 504, no formal school evaluations are required, but parental notification is required if one is conducted. Information must be considered from a variety of sources such as a doctor’s recommendation, documentation from qualified professionals, and discussion with parents. The plan is developed by a committee, which includes the parent(s) and student.
Q: Will the school district pay for an outside independent evaluation if I disagree with their evaluation?
A: Unlike provisions under the IDEA, schools are not required to pay for an outside independent evaluation under Section 504. However, if a parent disagrees with the school’s evaluation decision, they may request a due process hearing or file a complaint with the Office for Civil Rights (OCR).
Q: What’s Included in a Section 504 Plan?
A: Generally, a Section 504 Plan includes: the student’s disability or impairment, specific accommodations, services and supplemental aids the school will provide to allow the student to participate in the general curriculum.
Q: What type of accommodations can my student receive under Section 504?
A: A student’s accommodations must be determined based on their individual needs. Determination of appropriate accommodations is based on the nature of the disabling condition and what that student needs in order to have an equal opportunity to participate as non-disabled students. Accommodations are not designed to prevent failing grades or to modify the general education curriculum. Accommodations must consider both the functional limitations of the student and the alternative methods of performing tasks or activities which would permit a student to participate without jeopardizing outcomes. Some examples of accommodations:
Access to water to prevent dehydration (i.e., student allowed to carry water bottle and drink as necessary)
Provision of audio textbooks, extra set of textbooks for home
Use of assistive devices in class such as: computer or other device, seat cushion, footbox, weighted vest, or other acceptable aid(s)
Accommodations for frequent absenteeism, extra time allowed for makeup work after absences
Ability to use elevator in lieu of stairs
Extra time between classes to navigate halls
Provision of designated notetaker, copy of notes provided, audio recording device for notetaking
Enlarged print, reader, visual aids
Access to handicapped parking, elevators, rampways
Classmate to assist in carrying books to/from class
Preferential seating
Extra time allowed for assignments and tests
Behavior Intervention Plans
Q: How often must a Section 504 Plan be reviewed? How often should reevaluation occur?
A: Generally, a 504 plan is reviewed each year, and a reevaluation is done every three years or when needed to determine if the student’s accommodation plan is appropriate based on their current functional level and individual needs and whether services are still needed. The rules vary by state. Students must also be re-evaluated when a “significant change in placement” occurs. The reevaluation may simply involve a review of additional information and/or recommendations that the parents have received from their child’s physician, therapist, or counselor or may involve assessments depending on the student’s individual needs. The Section 504 Plan may be revised by the committee at any time during the school year as needed.
Q: Will my child be in a special education class or in the general education class?
A: According to Federal regulations, an eligible child under Section 504 will always be in the regular classroom unless, “the student with a disability is so disruptive in a regular classroom that the education of other students is significantly impaired, then the needs of the student with a disability cannot be met in that environment. Therefore, regular placement would not be appropriate to his or her needs and would not be required by §104.34” (34 C.F.R. §104.34, Appendix A, #24).
Q: Can my child get accommodations on standardized tests like the SATs and ACTs?
A: According to College Board, accommodations may be provided for the SAT and ACT if the student:
has a disability that necessitates testing accommodation; and
a request for accommodations has been approved by Services for Students with Disabilities (SSD).
has documentation on file at the school (Section 504 Plan, an IEP, or evaluation by a qualified professional that states the diagnosis and need for accommodations);
is currently receiving accommodations for classroom tests and/or standardized tests provided by the school.
Ask your school guidance counselor for information on procedures.
Q: Can the school put a Section 504 Plan in place for my child without my knowledge?
A: No. Schools must provide written notice to parents prior to their child being evaluated and/or placed under Section 504 (34 C.F.R. §104.36). Parents must also be given a copy of their child’s Section 504 Plan if the committee determines that the child is eligible.
Q: What types of discrimination does Section 504 prohibit?
A: Section 504 prohibits discrimination on the basis of disability in programs run by federal agencies; programs that receive federal financial assistance; in federal employment; and in the employment practices of federal contractors. Students with disabilities who attend public colleges and universities are protected under Section 504 of the Rehabilitation Act. Section 504 prohibits the denial of the opportunity to participate or benefit from a service which is afforded nondisabled students. For example:
Refusing to allow a student with a disability the opportunity to participate in non-academic activities such as athletics, transportation, health services, counseling, recreational activities, and special interest groups or clubs. However, the “no pass, no play” standard in most states also applies to students with disabilities under Section 504 (34 C.F.R. §104.37).
Denying credit to a student whose absenteeism is related to a disability
Refusing to dispense medication (a school cannot require parents to waive liability as a condition of giving medicine; however, it is wise to get your physician’s prescription to recommend medical accommodations)
Provision of opportunity to participate in or benefit from a service which is not equal to that afforded others. For example: sponsoring a student organization which excludes persons with disabilities
Denial of the opportunity to participate on a planning or advisory board because of an individual’s handicapping condition
Selecting a site or location which effectively excludes persons with disabilities or subjects them to discrimination. For example: locating students with disabilities in inferior facilities due to lack of classroom space
Q: What are the responsibilities of schools?
A: Schools must provide assurance of nondiscrimination, designate an employee to ensure compliance, provide grievance procedures, identify and locate all qualified children with disabilities who are receiving public education, provide notice of the district’s 504 responsibilities and procedural safeguards. The procedural safeguards include the following:
right to an evaluation drawing on information from a variety of sources
right to prior written notice
right to review records
right to an impartial hearing
Q: What if there appears to be a violation?
A: The Department of Education's Office for Civil Rights (OCR) investigates Section 504 complaints.
Q: Where can I find more information about Section 504 Plans?
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Disclaimer: Information in the “Ask the Advocate” column does not constitute legal advice.
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