Special Populations
Section 504 of the Rehabilitation Act
Section 504 Overview
What is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination on the basis of a disability in any program receiving federal funds. Section 504 states that:
"No otherwise qualified individual with a disability in the United States…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…”
This law guarantees individuals with disabilities certain rights, including the right to a free appropriate public education (FAPE). Appropriate services are those designed to "level the playing field” and meet the needs of students with disabilities to the same extent that the needs of students without disabilities have been met so that students with disabilities may enjoy full participation in educational opportunities. This law is intended to provide individuals with disabilities equal opportunity to pursue employment, educational, and recreational goals without discrimination.
Who is protected under Section 504?
A student must meet the definition of a student with a disability as defined in the statute to be covered under Section 504 (i.e. have a mental or physical impairment that substantially limits one or more major life activities, have a record of such impairment, or be regarded as having such an impairment). (Note: A physical or mental disability only constitutes a disability for purposes of Section 504 if its severity results in substantial limitation of the life activity in question. A student’s general weakness in a given area would not typically constitute a disability under Section 504.)
How is the need for services determined?
If there is reason to suspect that a student has a disability and accommodations may be needed in order for the student to adequately participate in educational programs, the school must conduct an evaluation. If the student is determined to be disabled under Section 504, the school must develop an Individual Accommodation Plan (IAP) and implement the delivery of all needed accommodations as determined by a group of persons knowledgeable about the student, evaluation data, and placement options. Periodic re-evaluations are required for qualified students who receive services. Districts are expected to establish prior notice and consent procedures to encourage parents’ involvement in the educational decisions affecting their children.
How are problems related to Section 504 resolved?
Each school district must designate an employee to be responsible for assuring district compliance with Section 504. The school district should establish policies and procedures for: identification, evaluation and placement, routine trainings of personnel, and implementation of grievance procedures. Parents have the right to request impartial hearing if they disagree with the Section 504 identification, evaluation, and placement decisions that affect their children.
Section 504 Forms
Section 504 Individual Accommodation Plan
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Section 504 Individual Accommodation Plan Instructions
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Standardized Assessment Data Validation Form
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