Understanding Section 504

Section 504 of the Rehabilitation Act of 1973 is a Civil Rights law protecting individuals with disabilities from discrimination. In the school environment, students eligible for a 504 plan are provided with accommodations to ensure access to our programs, services, and aids.

What is Section 504?

Definition of a Disability:

An individual has a disability under section 504 if they:

  • Have a physical or mental impairment that substantially limits one or more major life activities or bodily functions, or
  • Have a record of such impairment, or
  • Are regarded as having such impairment.

Major Life Activities or Bodily Functions include (but are not limited to):

  • Seeing
  • Hearing
  • Eating
  • Sleeping
  • Walking
  • Standing
  • Caring for Oneself
  • Lifting
  • Performing Manual Tasks
  • Bending
  • Speaking
  • Breathing
  • Learning
  • Reading
  • Concentrating
  • Thinking
  • Communicating
  • Working
  • Cell Growth
  • Disgestion
  • Endocrine Functions
  • Immune System

Students who meet the criteria are eligible with a disability defined under Section 504. Such individuals receive anti-discrimination protections under ADA and Section 504.

Eligibility for a 504 Plan also includes consideration if students with a disability, defined under Section 504, have a need for accommodations in order to ensure access to the programs, services, and aids of our school district as adequately as their nondisabled peers. A 504 Accommodation Plan ensures all students receive a Free Appropriate Public Education (FAPE). The need for accommodations is determined through an evaluation process.

Accommodations are environmental or instructional supports that address barriers in order for students to access our school’s programs, services, and aids.

FAPE Requirements Under Section 504

Under Section 504, Free Appropriate Public Education (FAPE) is the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of students with disabilities as adequately as the needs of non-disabled students are met and are based on adherence to procedures governing educational setting, evaluation and placement, and procedural safeguards.

Should My Child be Referred for a Section 504 Evaluation?

Clues for an Evaluation

You may consider referring your student for a 504 evaluation if:

  • They show a pattern of not benefiting from classroom instruction, including MTSS interventions.
  • They need accommodations to succeed in the classroom.
  • A disability of any kind is known or suspected.
  • A student needs a positive behavior plan, medical health care plan, or other school service.
  • A student has a pattern of suspensions or expulsions.
  • A student is evaluated for special education services under IDEA and does not qualify.
  • A student previously received special education services under IDEA and is determined to no longer be eligible for such services.

View the referral form.

What is the Process of a 504 Evaluation?

The 504 Coordinator for your student is their school counselor. For questions regarding Section 504 or to begin the process, please contact your student’s school counselor.

The Section 504 Team is made up of people who know about the student, the educational placement (environment), and the data being collected. Members may include: parents, teachers, nurse, administrator, counselor, and the student themselves.

  • Referral
    • A member of the student’s family or member of the school team refers them for a Section 504 Evaluation.
  • Consent
    • The Building 504 Coordinator receives the referral and determines the evaluation information needed to determine eligibility. The coordinator sends the Consent to Evaluate form to the student’s guardian. The evaluation cannot begin until the Section 504 Team has consent to evaluate from the student’s guardian.
  • Evaluation
    • The team collects the evaluation data specified in the evaluation consent form.
  • Eligibility Determination
    • The Section 504 Team holds a meeting to determine if the student is eligible for a disability under Section 504, and if the student needs an accommodation plan under Section 504.
    • If the student qualifies as having a disability under Section 504 they receive protections from discrimination.
    • If the student also qualifies as needing an accommodation plan, the building’s Section 504 Team will write an accommodation plan, monitor the student’s accommodations, will review the accommodation plan annually and reevaluate the plan every three years.
  • Accommodation Plan Written
    • The Section 504 Team determines the correct accommodations to support the student’s identified needs from the evaluation.
  • Review and Re-Evaluation
    • The Section 504 Team will review the accommodation plan yearly to ensure the student has accurate accommodations to support present level needs.
    • The Section 504 Team will re-evaluate the student for Section 504 Eligibility every three years.