Section 504 Plan

Section 504 Description

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) is a civil rights law that prohibits discrimination on the basis of disability in public or private programs or activities receiving federal financial assistance from the U.S. Department of Education. Section 504 serves two purposes,  to protect students with disabilities from discrimination and to provide a free appropriate public education to those students who actually have a physical or mental impairment that substantially limits a major life activity and need services or accommodations to access their educational program, in which case the student has a Section 504 Services Plan. Section 504 is not a special education law.

What is and is not a Section 504 Service Plan?

A Section 504 plan is a written plan that describes the educational and related aids and services that the team determines the student needs to receive a free and appropriate public education. It may change at any time depending on the student’s needs. For a student whose only disability is a life threatening health condition, an individual health care may be attached to his/her 504 plan. However, an individual health care plan that is not based on evaluation, placement and other procedures that satisfy the requirements of Section 504, will not suffice for students who are eligible for 504 free and appropriate public education.

Which students are protected under Section 504?

Section 504 protects qualified students with disabilities who attend schools receiving federal financial assistance. To qualify a student must be determined to have (1) a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such impairment, or (3) be regarded as having such an impairment. School districts are required to provide a free appropriate public education to qualified students in their jurisdiction who have physical or mental impairments that substantially limit major life activities.

What is a Free Appropriate Public Education under Section 504?

Section 504 regulations require the District to provide a “free appropriate public education” (FAPE) to each eligible student who is in the school district’s jurisdiction regardless of the nature or severity of the disability. Under Section 504 FAPE consists of regular or special education and related aids and services designed to meet the student’s individual educational needs as adequately as the needs of non-disabled students are met. These services are written in a Section 504 plan.