504 Plan Facts

• Section 504 is a civil rights statute that prohibits discrimination on the basis of disability I any program or activity that receives federal financial assistance – including schools – and ensures that people with disabilities have equal access to participate in services and activities as persons without disabilities.
• Section 504 requires schools to provide a free appropriate public education (FAPE) to eligible students, including regular or special education and related aids and services that are designed to meet the individual needs of your child as adequately as the needs of children without disabilities are met.
• If your child has been found ineligible for services under the IDEA, always ask the evaluation team to consider whether he/she may be eligible for services under Section 504. If your child has already been properly evaluated for eligibility under the IDEA, the evaluation requirements under section 504 have already been met and no further evaluation should be necessary. Eligibility requires that a child have a physical or mental impairment that substantially limits one or more major life activities (e.g., speaking, reading, thinking, concentrating, communicating, interacting with others, learning). This determination is made on a case-by-case basis by a Section 504 team.
• A 504 plan consists of accommodations or interventions that a school provides to a student with a disability to help him/her achieve success in school (see attached examples).
• A 504 plan can apply to any child between the ages of 3 and 22 who has a mental or physical disability that substantially limits their everyday progress in school.
• If your child has good grades, they may still get a 504 plan. There was an amendment to the 504 plan that covers disabilities regardless of academic performance. Ask your school for a copy of its Section 504 evaluation, reevaluation, placement, and due process procedures.
• There is no specific federal requirement that 504 meetings/referrals include parents; however, most school districts have policies in place that require parents to be part of the process.
• Typically, a doctor’s diagnosis of a disability is just one piece of information needed in determining eligibility. The team must also determine whether the disability results in an impairment and then whether that impairment substantially limits a major life function.
• Every school district must establish procedural safeguards under Section 504 that provide for:
o Parental consent to be provided before any evaluation can take place.
o Notice to parents explaining any evaluation and placement decisions affecting your child.
o An opportunity to examine relevant educational records for your child.\
o An impartial hearing process that includes the opportunity for you to participate and be represented by counsel and that allows the review of decision made regarding eligibility, services or placement to be reviewed.
• When a 504 plan is applied to a child, the school is obligated by federal law to follow the plan. Disputes can be handled through an impartial hearing from the school or by filing a complaint with the Office for Civil Rights (for matters involving procedural issues).