Section 504 is a federal civil rights which prohibits discrimination against disabled individuals. The intent of Section 504 is to provide disabled students equal access to educational programs, services, and activities. Disabled students may not be denied participation in school programs and activities solely on the basis of disability. Section 504 provides a broader definition of disability than the provided for by IDEA. The Section 504 Regulations can be found in the Code of Federal Regulations; 34 CFR Part 104.

Section 504 is not special education. Special education is a federally funded program that ensures FAPE (a Free and Appropriate Public Education) to all students. Section 504 refers to the Rehabilitation Act and the Americans with Disabilities Act. These laws state, in part, that no one with a disability can be excluded from participating in federally funded programs or activities, including elementary, secondary or post-secondary schooling.

“Disability” refers to a “physical or mental impairment which substantially limits one or more major life activities.” According the the Office of Civil Rights,

The ED Section 504 regulation defines an “individual with handicaps” as any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. The regulation further defines a physical or mental impairment as (A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The definition does not set forth a list of specific diseases and conditions that constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of any such list.

Funding: 504 plans are essentially unfunded mandates.

Plan: A 504 plan delineates the accommodations necessary for a student to have an equal opportunity to access the curriculum. It is made by the 504 team and is revised every year.

Accommodations: Due to the lack of funding, the accommodations available under a 504 plan are much simpler and do not involve more than minimal expense to the district. Such accommodations can range from preferential seating to increased time for tests.

Discipline:  Procedural protections exist for conduct related to a disability under 504 plans. When a child’s behavior is a manifestation of his or her disability, she cannot be disciplined through a suspension of greater than ten days or an expulsion from the district. When the behavior is found to be unrelated to the disability, a child protected by a 504 plan who is suspended or expelled may or may not be entitled to continued education.

Enforcement: When a parent sues under a 504 plan, regardless of whether she wins or loses, she is responsible for the costs of her legal battle. 504 plans are monitored by the U.S. Department of Education, Office of Civil Rights (OCR), whereas IDEA violations, while still under the DOE, are monitored by the Office of Special Education and Rehabilitative Services.

The Law Office of Gregory R. Branch is experienced in helping parents obtain 504 plans and services under them. If you feel your child qualifies but the district is not helping you to implement one for your student or if your child has a 504 plan which is not being followed, please call us for assistance.