Section 504
Section 504 of the Rehabilitation Act of 1973 (commonly referred to as “Section 504”) is a federal civil rights law that prohibits discrimination against students on the basis of disability in programs and activities that receive Federal financial assistance from the U.S. Department of Education. Section 504 establishes a student’s right to full access and participation to education and all school-related activities and requires schools to provide appropriate services to meet the individual needs of qualified students. Section 504 guarantees the right to full participation and access to a free appropriate public education (FAPE).
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…(29 USC & 794)
The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against individuals with disabilities and extends this prohibition to all state and local government services, programs, or activities regardless of whether they receive federal funds. The Americans with Disabilities Amendments Act of 2008 (ADAAA) revised the definition of ‘disability’ to broaden eligibility under ADA and the Rehabilitation Act of 1973. The changes made to ADAAA apply to public school students under Section 504.
Additional Resources
FAQ and Child Find Process
Transitioning into high school is often both an exciting and scary time for a rising 9th grader and their family. For those who may need specialized services or supports, it can seem even more daunting to think about how your needs will be addressed as you move into the secondary education experience.
There are many steps taken by the Learning Support Team staff in collaboration with middle school staff during a student's 8th grade year that help to ensure a smooth transition into high school with 504 accommodation plans and services in place. Listed below are frequently asked questions and answers that are often asked by incoming 9th grade students and their parents/guardians that may be helpful to you as you prepare for this transition into District 128:
- Who can make a referral for an evaluation under Section 504?
- What is the purpose of the evaluation?
- What are the steps to the evaluation process?
- Who conducts the 504 evaluation?
- What are the components of a 504 evaluation?
- How is eligibility determined?
- How long does it take to complete the case study?
- What happens if I submit a private evaluation?
- If my child is eligible for a Section 504 plan, how are the accommodations determined?
- Does a school 504 team have to consider multiple and varied sources of information (parent/guardian & school documentation) in order to determine if a student is eligible for accommodations and/or services under Section 504?
- Does a physician’s diagnosis of ADHD automatically result in a student being eligible for Section 504?
- What happens if a student refuses an accommodation and/or service from a teacher?
- What can parents/guardians do if they are dissatisfied with the way schools are serving students who are eligible for Section 504 protections?
Who can make a referral for an evaluation under Section 504?
What is the purpose of the evaluation?
What are the steps to the evaluation process?
Who conducts the 504 evaluation?
What are the components of a 504 evaluation?
How is eligibility determined?
How long does it take to complete the case study?
What happens if I submit a private evaluation?
If my child is eligible for a Section 504 plan, how are the accommodations determined?
Does a school 504 team have to consider multiple and varied sources of information (parent/guardian & school documentation) in order to determine if a student is eligible for accommodations and/or services under Section 504?
Does a physician’s diagnosis of ADHD automatically result in a student being eligible for Section 504?
What happens if a student refuses an accommodation and/or service from a teacher?
What can parents/guardians do if they are dissatisfied with the way schools are serving students who are eligible for Section 504 protections?
Key Terms
- Accessible
- ADA
- ADAAA
- BIP
- Disability
- FAPE
- FBA
- IDEA
- IEP
- LEA
- Major Life Activities
- MDR
- Mitigating Measures
- Nondiscrimination
- OCR
- OSEP
- OSERS
- Reevaluation
- RtI
- Related Services
- Section 504 (504 Plan)
- Substantial Limitation
- Suspension