Section 504 of the Rehabilitation Act
Section 504 and Students with Disabilities
Under Section 504 of the Rehabilitation Act of 1973, every student with a disability is protected from discrimination in public schools that receive federal funding. This law ensures that students with disabilities are provided a free appropriate public education (FAPE) and access to necessary accommodations and services that help them learn alongside their peers.
What Qualifies as a Disability?
A disability under Section 504 is defined as a physical or mental impairment that significantly limits one or more major life activities, such as learning, speaking, seeing, hearing, or other essential daily tasks. This definition is intentionally broad to encompass a wide range of conditions.
Accommodations and Services
To access education equally, students who meet the criteria for a disability under Section 504 may need specific aids, services, or accommodations. These are detailed in a 504 plan, which is developed by a designated team at the school. Parents must give consent for any evaluation or 504 plan to be implemented.
The Process
- Referral and Evaluation: Parents, teachers, or others can initiate a referral for evaluation to determine whether a student has a disability that requires accommodations.
- 504 Team Review: The team, which may include parents, teachers, and specialists, assesses the student's needs and decides on appropriate supports.
- Plan Development: If a student qualifies, the team creates a plan specifying necessary accommodations, which school staff must follow.
- Annual Review: The 504 plan is reviewed annually, or sooner if requested by a parent or teacher, to ensure it continues to meet the student’s needs.
Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
Referrals