Section 504 of the Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits any organization receiving federal financial assistance from discriminating against people with disabilities. Section 504 promotes equal opportunities for participation in athletics and extracurricular activities at the school level, but includes much more than simply those things.
A 504 plan is different from an Individual Education Program, but it can provide accommodations and modifications for students who qualify with a disability. It also transitions with the student to the post-secondary level. Section 504 defines disability as:
- Any physical or mental impairment that substantially limits a major life activity, including:
- Physiological disorders/conditions
- Cosmetic disfigurement
- An anatomical loss affecting a major life event
- A record of a physical/mental impairment that substantially limits a major life activity
- A history of being regarded as having any physical/mental impairment that substantially limits a major life activity.
A student can, but does not always, receive a 504 plan after being evaluated for eligibility under IDEA. If the student is found ineligible under IDEA but qualifies for disability under Section 504, the district can create a plan to provide reasonable accommodations and modifications to the student. This plan is a collaborative effort of the local educational agency, the teacher, and the parents to ensure that the student has what he or she needs to access the general education curriculum.
Free, Appropriate Public Education under Section 504
Federally, the district must establish the following to ensure FAPE is being carried out in accordance with Section 504:
- Evaluation and Placement procedures guarding against misclassification or inappropriate placement of students.
- Procedures to periodically re-evaluate students provided with special education and/or related services and before a significant placement change.
- Regular and special education and related aids/services designed so that the individual educational needs of students with disabilities are met as adequately as the needs of non-disabled students are met.
- Procedures to ensure the education of students with disabilities occurs to the maximum extent appropriate with their non-disabled peers.
- A system of procedural safeguards is available to parents.
For more information, please refer to the Parent and Educator Resource Guide to Section 504, which can be found here.