Who is an “individual with a disability”?Īs defined by federal law: “An individual with a disability means any person who: (i) has a mental or physical impairment that substantially limits one or more major life activity (ii) has a record of such an impairment or (iii) is regarded as having such an impairment”. To be covered under Section 504, a student must be “qualified ” (which roughly equates to being between 3 and 22 years of age, depending on the program, as well as state and federal law, and must have a disability). Section 504 states that: “No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, 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…”. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met. Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. This article attempts to answer basic questions pertaining to the implementation of Section 504 in public school systems. Some districts have even been heard to say, “We don’t do that in this district.” But in fact, compliance to Section 504, which is a federal statute, is not optional. Visit for more information about the Safe at Schools campaign and legislation.Section 504 - just what exactly is it? You’ve probably heard about it, but every school district addresses Section 504 in a different manner. View a sample Section 504 plan for a patient with diabetes developed by the American Diabetes Association (ADA) and the Disability Rights Education and Defense Fund, Inc. Visit the Americans with Disabilities website at or for more information about 504 Plans and the disability rights law.If a private school does not receive federal funding, they are not required to have a formal 504 Plan but may have their own version or a different health plan. Private schools that receive federal funding may not exclude an individual student with a disability or medical condition if the school can provide an appropriate education to that student. Do private schools have to honor a 504 Plan? Public schools that receive any form of funding from the federal government must honor the family’s request for a 504 Plan. What if a school says that a 504 Plan is not necessary for my child? The plan highlights what is fair and appropriate for the individual student.Accommodations for standardized testing are easier to put in place.All teachers and school staff are notified of the 504 Plan.What are some of the benefits of a 504 Plan? If these staff are not available, the request can be made directly to the principal. Make your request either in writing or verbally to the school counselor, director of special education, school nurse or the head of the Child Study Team at your child’s school. How do we request a 504 Plan for our child? Students who already have an IEP may have accommodations for their diagnosis placed in the IEP section termed “other health impairment”. What is the difference between a 504 Plan and an IEP?Īn Individual Education Plan (IEP) falls under the Individuals with Disabilities Education Act (IDEA) and addresses instructional needs for learning differences. Students with disabilities are also guaranteed a Free Appropriate Public Education (FAPE). What is the purpose of a 504 Plan?Ī 504 Plan ensures that students with a disability are allowed to participate in academic, nonacademic and extracurricular activities. It is a formal agreement between the family and the school ensuring that proper accommodations are made for children with medical or psychiatric conditions, allowing the children to receive education. What is a 504 Plan?Ī 504 Plan is also known as “Section 504 Plan” of the Americans with Disabilities Act. This resource from Children’s Hospital of Philadelphia provides information on 504 plans, which ensure reasonable accommodations for children who qualify.
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