Section 504

Section 504 of the Rehabilitation Act of 1973

In Preschool, Elementary,

Secondary, and Post-Secondary Education

John S. Allen
University of Iowa
College of Law
AT Legal Project

What is Section 504?

Section 504 of the Rehabilitation Act of 1973 was the first significant federal legislation to prohibit discrimination against individuals with disabilities. It applies to programs and entities that receive federal financial assistance.

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 U.S.C. § 794(a))

Who is covered by Section 504?

Section 504 generally covers "qualified" persons with disabilities. The coverage of Section 504 is broader than the coverage under IDEA. Any child eligible for special education under IDEA should be covered under 504. The converse, however, is not true -- not all children protected by 504 are in need of or entitled to special education. Any school age child with a "disability", as defined in the law, is covered.

What does Section 504 do?

The law is intended to provide opportunities for persons with disabilities equivalent to those enjoyed by non-disabled persons.

What obligations do schools have under Section 504?

Identify children covered under the law and notify students and parents of the school’s obligation under the law. See 34 C.F.R. §104.32.
A school must provide a free and appropriate public education. See 34 C.F.R. §104.33. The child’s educational program must be designed to meet the child’s individual education needs. The quality of the services provided to a child with a disability must be equal to the services provided to non-disabled children. This in turn requires that teachers be appropriately trained to provide necessary services, and that appropriate materials and equipment be available. See Appendix A to Part 104 - Analysis of Final Regulation.
A school must place a child in the regular educational environment unless the school demonstrates that the education of the child in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. See 34 C.F.R. §104.34(a).

A school must ensure that a disabled child participates, to the maximum extent appropriate to the child’s needs, in non-academic and extracurricular services and activities. See 34 C.F.R. §104.34(b) and 34 C.F.R. §104.37(a)(2).

A school must conduct evaluations of children who need, or are believed to need, special education or services, both with respect to initial placement and subsequent changes. See 34 C.F.R. §104.35.

In making placement decisions, a school must draw upon information from a variety of sources, and ensure that placement decisions are made by a group of persons with knowledge about the child, the meaning of evaluation data, and placement options. See 34 C.F.R. §104.35(c).

What is a Section 504 plan?

Schools must provide an appropriate education. The educational program must be designed to meet individual educational needs of the student with a disability. See 34 C.F.R. §104.33(b)(1)(i). A 504 plan is the means of designing the appropriate educational program.

The regulations provide that the implementation of an IEP is one means of meeting the school’s obligation to provide an appropriate education. The U.S. Department of Education takes the position that for students who qualify for services under both IDEA and Section 504, the use of an IDEA IEP is the way in which the Section 504 obligation to provide an appropriate education is met. See Letter to McKethan, 25 IDELR 295 (December 31, 1996).

How is a 504 Plan developed?

A Section 504 should be developed in much the same way that an IEP is developed. The process begins with identification and appropriate evaluation. A team should be assembled with persons knowledgeable about the child, the meaning and significance of the evaluation data, and placement options. The design of the plan is aimed at providing for individual educational needs as adequately as the needs of non-disabled students are met. See 34 C.F.R. §104.33(b)(1).

What if a parent thinks that the school is not meeting its obligations under Section 504?

Schools must have grievance procedures that incorporate appropriate due process standards. See 34 C.F.R. §104.7(b). The procedures should be designed for the prompt and equitable resolution of complaints.

Schools need to provide notice to parents, an opportunity to examine records, an impartial hearing with opportunity for parental participation and representation by counsel, and a review procedure. 34 C.F.R. §104.3(b).

Parents can file a complaint with the U.S. Department of Education, Office of Civil Rights. OCR will determine whether a school’s policies and procedures are sufficient to meet the due process requirements, and whether process requirements were met in an individual case. OCR generally will not review the appropriateness of a particular educational program.

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