Understanding 504 Plans: Supporting Students with Disabilities

When a child faces challenges in school, exploring available support systems becomes crucial. A Section 504 plan stands as a significant avenue for providing necessary assistance and accommodations to students with disabilities. This article delves into the intricacies of 504 plans, elucidating their purpose, eligibility criteria, development process, and the rights they guarantee.

What is a 504 Plan?

A Section 504 plan is a blueprint for how a school will provide support for students with a disability so that they can learn in a regular classroom. If your child needs extra help or accommodations at school, you might be able to get help through a Section 504 plan. The name 504 plan comes from Section 504 of the Rehabilitation Act.

Section 504 is a federal law that prohibits discrimination against a person because of a disability by any group that gets federal funds. It is a civil rights law that gives students with disabilities a legal right to a Free Appropriate Public Education (FAPE). This means they must have the same access to learning and activities as their peers without disabilities if they otherwise qualify.

Key Principles of Section 504

Section 504 of the Rehabilitation Act of 1973 is a civil rights statute that prohibits discrimination against individuals with disabilities. The law requires school districts with students with disabilities to provide accommodations to allow access to educational programs and associated activities to the same extent as students without disabilities. Section 504 mandates equitable access to a “free and appropriate public education” and ensures appropriate and reasonable accommodations are in place to meet students’ educational needs. Under Section 504, services are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities. Students with disabilities should receive access and opportunities equal to their non-disabled peers.

Who is Eligible for a 504 Plan?

Students are eligible for 504 plans if they have a disability that limits daily life activities such as self-care, walking, seeing, breathing, hearing, speaking, or learning. A student returning to school after a serious illness or injury also might get a 504 plan. Section 504 uses a very broad definition of the word “disability.” So students who are approved to get more extensive special education services covered by the Individuals with Disabilities Education Act (IDEA) can also get 504 services. Section 504 doesn’t cover or list specific diagnoses.

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To qualify under Section 504, a child’s disability must be serious enough, or “substantially limiting,” that the child needs specialized services or accommodations. All determinations of substantial limitation must be made without regard to the “ameliorative effects of mitigating measures.” This means that the question of whether or not a child has a “substantial limitation” in a particular area is answered before, and not after, any intervention for that limitation is implemented.

A student is eligible for Section 504 if the child has a physical or mental condition that substantially limits a “major life activity.” Major life activities for a child in school include learning and/or activities in addition to walking, talking, breathing, caring for oneself, etc.

"Major life activities", as defined in the Section 504 regulations at 34 C.F.R., include, but are not limited to the following: caring for oneself, performing manual tasks, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Major bodily functions may also be considered major life activities and may include functions of the immune system.

How a 504 Plan is Developed

First, a parent, teacher or other school staff member, health care provider, or therapist asks the school to evaluate the student for a 504 plan. Every school handles 504 plans a little differently, but most have a 504 team that may include the principal, teachers, school nurse, guidance counselor, and psychologist. If the 504 team decides that a student is eligible, they work with the parents to decide what kind of supports (called accommodations) the student needs to succeed.

If your child’s teachers see a reason for a 504 evaluation, the school doesn’t need your permission. You can also ask for a Section 504 evaluation for your child. To get one, write to your school district’s 504 contact person. In some school districts, you can also ask the school counselor for this evaluation. If your child is approved for 504 services, your child’s school will work with you to create a 504 plan for your child.

The 504 team is not specified by law but typically includes teachers, support personnel and parents. They determine if student meets the eligibility guidelines outlined in Section 504 and if they need supports in order to provide equal access to an education similar to a student without a disability. A 504 team could include the Section 504 coordinator, an at-risk coordinator, an administrator, the child’s teacher(s), a school nurse, the parent and the student if appropriate. One person should be designated as responsible for ensuring that the 504 plan is distributed and implemented by all staff. Teams should meet annually or more often if needed to review the plan to see if accommodations have been successful or if changes are needed.

Before writing the plan, you, the school's special education supervisor/coordinator, the teacher, and the people who know your child's needs should attend a team meeting. A member of your CF care team may also be able to join via conference call to provide additional medical expertise or insight on the educational implications of CF. Students ages 14 and older often are encouraged to attend. You can also ask a family member, friend, or colleague to accompany you to the meeting for support.

What a 504 Plan Includes

The 504 plan is based on each student's needs and strengths. A Section 504 plan helps your child get accommodations (changes in how content is taught, supported, or tested) that will help them participate in the classroom or other school activities.

Accommodations are changes to the environment or expectations that are designed to allow a student to participate and make progress in the general education curriculum. Accommodations should be individualized and are decided on by the 504 team. Accommodations should be documented in the written Section 504 Plan (sometimes referred to as an Individual Accommodation Plan, or IAP, and not to be confused with an Individualized Education Program, or IEP).

Examples of accommodations:

Physical changes to the school that are necessary for your child to be able to use the school building, such as installing a wheelchair ramp, handrails, or motorized doors.
Changes in rules, policies, or procedures to let your child have the same chances to participate in school activities as their peers without disabilities.
Using a tape recorder for note taking
Giving the student a quiet place to work
Access to a computer in school for written work

Many other accommodations are available. If a parent asks for one that the school can’t provide, the school might offer another one that would help. Most accommodations in 504 plans don’t change what the student learns - rather, they remove barriers to learning.

504 vs. IEP

504 plans and IEPs both offer accommodations for students in their Pre-K-12 education and school activities. The difference is an IEP includes goals that are needed to close the gap toward grade level through specially designed instruction. A 504 plan is typically provided through general education and does not provide any additional funding to schools. IEP services and supports can be provided in a variety of settings and includes additional funding to the district.

A 504 plan provides accommodations so a student can learn in a regular classroom. An IEP is a plan for specialized learning (for example, for dyslexia) or special education. 504 plans don’t usually change what the child learns but IEPs can. There are other differences too, such as who is eligible, who creates the plan, and how changes are made to the plan. Some students have both a 504 plan and an IEP. For example, a student with autism spectrum disorder may have an IEP for learning supports and a 504 plan for occupational therapy.

Individualized Education Programs (Plans) are provided under the IDEA. This law was passed in 1975 to provide a free and appropriate public education (FAPE) to students with disabilities. It governs all special education and related services. If the IEP team decides that a student meets the definition of a ‘child with a disability’, services and supports are written into the IEP which will provide the student with a free and appropriate public education.

Parent Rights and Recourse

Parent participation is not an entitlement right under Section 504 as it is under IDEA. Depending on the procedures used by your local school district, parents or legal guardians may or may not have a right to active participation or decision-making through Section 504.

If your request for evaluation and testing is not approved, the school must tell you their reasons in writing and let you know what you can do to appeal their decision. Or, if you disagree with the school’s evaluation and testing results, you can ask for a “due process hearing” or file a complaint with the federal Office for Civil Rights on the OCR Complaint Assessment System web page.

If the IEP or 504 plan does not meet your child's needs, do not sign it. You have the right to stop and reschedule the meeting if you need to learn more before a plan is signed. Yearly reviews are not a legal requirement of 504 plans but are recommended.

If a parent has concerns that their child’s 504 plan is not being implemented or is not working, they can request a meeting with the 504 team. A meeting can be used to problem solve with the team about what is working and what isn’t. Each district must have a grievance procedure available to parents. The Section 504 coordinator for the district is typically the contact to initiate the district’s grievance process.

If you still have concerns, you can ask for a mediation session with a mediator. A mediator is professionally trained to help with the discussion without taking either side. If the issue is not resolved in the mediation session, you can request a due process hearing. You may need to get a lawyer for the hearing. Office for Civil Rights saying that the school violated 504 rights.

Local school districts are responsible for putting the provisions of Section 504 in place. If you believe that a school or school district has violated this law and your complaint has not be resolved at the local level, you may file a formal complaint with Office of Civil Rights by contacting the nearest state/regional office. The Office for Civil Rights (OCR) has authority to enforce rights under Section 504. A complaint can be filed with OCR if parents believe that there has been a violation of Section 504.

Manifestation Determination

Yes. • when a student with a 504 plan has been suspended for more than 10 days in a row. • when a student has been suspended on multiple occasions for similar behaviors that add up to more than 10 total days throughout the year. • if a child’s school day is shortened due to behavior which is considered a change of placement.

When a Manifestation Determination meeting is held the team must make a decision about whether or not the child’s behavior was caused by their disability or problems with the plan being followed. If the team determines that the behavior is related to the child’s disability then the student should be returned to their original educational placement. If not, then the suspension can continue.

The Role of School Counselors

School counselors are an integral part of the Section 504 team for students on their caseload, and they provide a vital role as student advocates. School counselors may be the first contact for concerned parents/guardians, students or teachers. School counselors serve as advocates, supporting students and families through the Section 504 process while increasing access to the process for families traditionally marginalized due to their race, culture or socioeconomic status.

To best meet students’ holistic needs, an interdisciplinary team of school personnel (e.g., administrator, school counselor, school nurse, teachers, interventionist) should be involved in the evaluation and identification process and, if deemed necessary, determine appropriate accommodations for the student to access the curriculum. The primary role of the school counselor in the 504 planning process is to be an essential member of the 504 interdisciplinary team. All members of the 504 interdisciplinary team need to be adequately trained in Section 504 law and processes. The school counselor is uniquely positioned to advocate for students and families, collaborate with faculty and staff, and work toward creating equitable systems and access to the 504 process.

Key Considerations for Parents

Requesting an Evaluation: Have I requested an evaluation, in writing, from my district for a 504 plan?
Understanding the Plan: Understand the 504 plan. Know what the accommodations are and how they will be used.
Communication: Talk to the school about how your child is doing. Let them know if you think the accommodations are working.

Section 504 in College

Your adult child can continue to receive Section 504 accommodations if they are attending a college or university that gets federal funds. Postsecondary school is required to provide appropriate academic adjustments as necessary to ensure that it does not discriminate on the basis of disability.

Private Schools

If your child attends a private school, talk to the school administrators, teachers, and other students to learn how flexible the school is in meeting the needs of people with CF or with other health conditions. Private schools that do not get federal funding do not have to follow the IDEA or Section 504 laws. But, the Americans with Disabilities Act (ADA) may help students with CF get changes or accommodations at a private school. A private school that does not get federal funding may decide not to accept a student because of the need for accommodations. If the private school does receive federal funding, they may not legally refuse to accept someone because of requested health accommodations. You do not have to disclose health needs unless or until you need to request accommodations.

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