Some school-going children or students suffer from various forms of mental or physical disabilities. There are those with social anxiety who cannot stand in a class full of learners without their heart racing. Others have diabetes and must monitor their blood sugar levels throughout, or have temporary injuries that prevent them from accessing classes with staircases. For these learners, the school environment can create inequality, denying them the opportunity to receive an education like other learners.
Fortunately, Section 504 creates a plan that all public learning institutions receiving funding from the federal government must implement to provide a landscape for qualified learners with physical and mental disabilities to access education without exclusion, discrimination, or denial of benefits. Here is how the 504 plan works, eligibility, requirements, and the application process if you need the plan for your child or learner.
Understanding the Section 504 Plan
The 504 plan is a section of the Rehabilitation Act of 1964 that prohibits discrimination against, denial of benefits to, or exclusion from an educational program that receives federal funding. It outlines the accommodations and support disabled learners require to access equal education in public schools. School districts should adhere to the plan to ensure that students who meet the relevant educational requirements are reasonably accommodated and have an equal opportunity, like other learners, to succeed.
In addition to providing accommodation and support required by children with disability, the 504 plan requires public schools to do the following:
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Ensure disabled children can access classes, recreational areas, and washrooms
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Ensure disabled learners have access to appropriate education
Therefore, if your child has a disability, the school you want to enroll them in must furnish you with a written plan detailing the necessary modifications, services, and accommodations your child will receive. Qualified students to receive accommodations tailored to address their special needs, including:
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Health problems
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A separate special needs school setting
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Supplemental services, like occupational therapy or speech therapy
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Classroom aides
Before you enroll your child with special needs, find out if they have an accommodation plan or Section 504 to ensure that your child has an equal opportunity to education and success.
The Legal Foundation of Section 504
To better appreciate the 504 plan, you should begin by understanding that it stems from the first federal civil rights statute, the 1973 Rehabilitation Act, which was enacted to protect persons with disability. The statute is broad and applies to all learning organizations that receive federal funding, including public schools, universities, and colleges. The Act defines a person with disability as:
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One with a bodily or mental impairment hinders them from performing at least one life activity.
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One with an existing record of the impairment or disability
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One who is regarded as having an impairment
The law does not guarantee you or the learner success or change the academic standards for persons with disabilities. It only levels the playing field, creating educational equity and ensuring learners with disabilities also have an opportunity to succeed.
The Difference Between Section 504 and the Individuals with Disabilities Education Act (IDEA)
IDEA is a special education statute that provides children with disabilities and their parents:
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An opportunity for the learners to be evaluated or tested to establish their qualification for special needs education.
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The right to inspect and study school records regarding a child with disability
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Attend individualized education program (IEP) annual meetings and craft written IEP plans with local school district representatives.
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Resolve school district disputes through independent administrative and legal processes.
The IEP and 504 plan both aim to support learners with disabilities, and this creates confusion among educators and parents. However, the two plans differ in terms of their legal basis, candidacy requirements, and services offered. The IEP plan is enforced by the Office of Special Education and Rehabilitative Services (OSERS) while the Office of Civil Rights (OCR) enforces the 504 plan.
In addition to proof of disability, the IEP plan requires evidence that the disability has significant adverse effects on the minor’s educational performance. This is different from the 504 plan, where you, the parent, only provide evidence that the child’s disability adversely impacts their critical life activities, not education alone. This does not mean that all learners eligible for the 504 plan will qualify for the IEP. However, all eligible candidates under the IEP plan are protected under Section 504.
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Section 504
The 504 plan has its legal foundation in the civil rights anti-discrimination statute, which was intended to create equal educational opportunities by eliminating barriers to participation, such as discrimination.
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The IEP Plan
The IDEA ensures that funds are available to offer the extra services and instructions required by children with disabilities. The IEP plan is based on IDEA. Per IEP requirements, every local school district must identify, locate, and review children with disabilities. After assessing the children and identifying their special education needs, the district must provide additional instructions or services to address the challenges these children face.
The definition of children with disabilities under this plan differs from that of the 504 plan. Per the IEP, an individual with a disability must be aged 3 to 22 years. Additionally, they must suffer from any of these conditions:
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Intellectual disability
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Deafness and other hearing disorders
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Speech or language disorder
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Blindness and other visual impairments
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Severe emotional issues
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Traumatic brain injury (TBI)
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Autism
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Particular learning impairments
Even when your child possesses one of these disabilities, they are not guaranteed special needs education under IDEA. You must provide proof that the disability hurts the child’s educational performance.
Once the school district deems your child eligible for the IEP plan, they schedule an IEP meeting to design a plan that suits that child’s needs. The meeting includes the learner’s teachers, the learner's parents, and other staff members. The team develops a written plan for your child, and once you, as the parent, consent, they begin providing services.
The services your child will receive under an IEP plan include:
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Psychological services
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Counseling
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Classroom aides
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Audiology services
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Specialized academic instructions
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Braille instructions
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Occupational therapy
Once the child is introduced to the services, the school assesses their progress in annual IEP meetings.
Here is an anomaly that differentiates the IEP and the 504 plan. The 504 plan ensures schools can accommodate children with disabilities by providing infrastructure or equipment, such as wheelchairs and modified staircases. In contrast, the IEP provides personal assistants and personnel who ensure these children can utilize the specialized tools.
Eligibility for the 504 Plan
Who qualifies for the 504 plan? This is the first question that will come to mind for a parent or educator considering enrolling their student in the program. The minor does not have to qualify for an IEP under IDEA to apply under Section 504, as Section 504 offers a broader eligibility criterion to safeguard children whose challenges do not fall under IDEA mandates. Under the 504 plan, your child qualifies for the plan as long as:
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They have a physical or mental impairment that substantially hinders them from performing “major life activities.”
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They have a disability record
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They are deemed to have an impairment
Definition of “Major Life Activity”
Per the Americans with Disability Act (ADA), major life activities include:
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Breathing
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Eating
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Speaking
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Walking
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Eating
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Communicating
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Seeing
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Hearing
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Thinking
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Undertaking manual tasks
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Practicing elf-care
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Reading
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Working
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Learning
In 2008, the ADA was amended to include bladder and circulatory conditions. Immune, reproductive, neurological, digestive, bowel, endocrine, brain, respiratory, and circulatory body functions are major activities. Therefore, if your child has a condition that impairs the performance of these functions, they qualify as disabled.
Conditions Eligible for Protection Under the 504 Plan
No physical or mental impairments grant your child automatic qualification for the 504 plan protection. The reason is that the severity of each condition varies. For instance, a minor diagnosed with a chronic health condition, such as asthma or epilepsy, can perform certain major life activities. In contrast, another with the same condition cannot, as their condition is severe. Therefore, the district evaluates each case based on its unique circumstances to determine eligibility.
In 2014, Section 504 interpretation regulations were updated to include examples of medical disorders eligible for protection under the plan. These conditions include:
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Visual and hearing disabilities
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Epilepsy
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Diabetes
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ADHD
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Intellectual disability
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Cosmetic disfigurement
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Multiple sclerosis
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Learning disability
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Cerebral palsy
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Muscular dystrophy
Additionally, the amendments call for a broader definition of disability. So, if your child has a severe medical condition, they are more likely to qualify for protection under the 504 plan.
The 504 Plan Requirements
The details that must appear in a 504 plan include:
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Learner Placement
Per the Section 504 condition, your child must be placed in a mainstream classroom with children without disability first for a reasonable period. Doing so provides the teacher with the opportunity to evaluate the minor’s performance and conclude that the child cannot receive equal education with others, even with additional services.
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Setting Up Tests
The school must administer sensory, speaking, and manual tests to ensure students with these impairments are not disadvantaged by the learning program. The tests must be conducted according to the established protocols to ensure accurate results, as these will be used to determine the child’s knowledge or aptitude.
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Other Accommodations
The 504 plan is diverse, accommodating learners of all kinds. The plan enables learners with certain medical conditions to not follow set rules and guidelines for better management of their illness. For example, if your child has type 1 diabetes, the school should allow them to carry insulin and testing kits throughout, even if the rules say otherwise.
Other accommodations include:
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Preferential seating, for instance, in front of the class to deter distractions
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Permission to utilize verbal responses over written ones
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Permission to type or use scribes for lengthy assignments instead of handwriting
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Permission to leave the classroom without punishment
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Permission to utilize spelling aids and calculators
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Extending time for tests and assignments
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Allowing breaks during prolonged tasks
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Reducing course load or adjusting the schedule
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Allowing the use of assistive technology
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Unlimited transition time or bathroom breaks
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Modified or exemption to physical education requirements
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Providing copies of the teacher’s notes
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Accessible classroom locations
If your child enjoys the protection of the 504 plan, the playing field is leveled, increasing their chances of academic success. Children benefit socially and emotionally while they learn self-advocacy. The main benefit of the plan is that it eliminates the barriers that children with disabilities face, creating an inclusive school setting where their needs are anticipated and resolved.
Applying for Section 504 Protection
The steps involved in requesting protection for your child are:
Referral and Assessment
You, as a parent, guardian, educator, doctor, or student, must refer the individual with a disability to Section 504 services. The referrals act as a request to the school to consider the learner for the plan. Upon receiving the referral, the school evaluates the child’s eligibility for the program. The school gathers information about the disability from various sources, including the child’s teacher, medical doctor, and psychologists.
The 504 Meeting
After the evaluation, the school holds a meeting attended by the teacher, the parent, the learner, when necessary, the 504 coordinator, and other experts with knowledge of the disability in question. In the meeting, the team analyzes the gathered data, discusses the specific needs, and identifies appropriate accommodations.
Crafting the 504 Plan
After the meeting, the team must write down the various forms of accommodation the minor requires to receive quality public education. An effective plan that considers the minor’s needs, specifies the requirements, the person providing the services, and when, should not alter the original education program and must allow for effective monitoring.
Plan Implementation
Once you consent to the written plan, copies will be distributed to the relevant parties for implementation. The school must monitor the child’s progress and hold meetings to discuss the gains or changes required.
Lodging a Complaint
When unsatisfied with the protection your child receives from the plan, you can informally raise the issue with the school principal and find a solution. If no progress is made even after increasing the matter, you can submit a written informal complaint to the principal or the district superintendent.
If no action is taken, you can partner with a disability or education attorney to lodge a formal complaint with the OCR. The entity will investigate the complaint and instruct the school to make changes to the existing plan.
Find a Competent Disability Attorney Near Me
If your minor or learner requires Section 504 protection, you should consult with a seasoned education or disability attorney to streamline the process. At Leland Law, we will refer the child for an evaluation, gather the necessary evidence to establish eligibility, and represent you during plan formulation to ensure it meets your child’s needs. Additionally, if you have a complaint, we can file it on your behalf to ensure the OCR makes the right changes to the plan. Call us at 866-449-6476 to arrange a consultation in California.
