504 Plans/Individual Accomodation Plans

Section 504 is a section of a federal civil rights law, the Rehabilitation Act of 1973, that prohibits discrimination by federally-funded institutions, such as public schools, against individuals with disabilities. Section 504 ensures that a student with a disability has equal access to education by requiring that schools provide accommodations for the student. Students who qualify for a 504 plan must be given the opportunity to receive any help, benefit, and services and participate in activities that are available for students without disabilities. This includes school-sponsored non-academic and extracurricular services and activities. 

Who can refer a student for a 504 plan?

The 504 plan process may be started by a parent’s written request or the school’s referral for an evaluation when the student is having academic, social, or behavioral problems that limit one or more major life activities. Major life activities include walking, seeing, hearing, speaking, and learning. In addition, the district must believe that the student needs additional supports in the regular education classroom in order access the curriculum. Section 504 requires consent from the parents before conducting evaluations.

How does a student qualify for a section 504 plan?

In order to be eligible for a 504 plan, a student must attend a school that receives federal financial assistance (which includes all public schools in Massachusetts). In addition:

• The student must be of school age;

• The student must have information establishing a mental, psychological, and/or physical disability (including a disability affecting behavior); and

• The disability must substantially limit one or more major life activities.

Students may be eligible for a 504 plan if a temporary disability limits a major life activity.

How is a 504 plan different from special education?

In order to be found eligible for special education services and an Individualized Education Program (IEP), a student must be diagnosed with a disability and must, as a result of that disability, require specialized instruction and/or related services in order to make effective progress.

Unlike a special education student, a student with a 504 plan is able to make effective progress in school without the need for specialized instruction and/or related services. However, a student with a 504 plan requires accommodations in order to gain equal access to instruction and/or the school facility. A student’s 504 plan will provide accommodations that allow a student with an impaired major life activity to have the same level of access to the instruction, school activities, and school building as students without disabilities.

What rights does section 504 provide for students?

Free and Appropriate Education in the Least Restrictive Environment

• Federally funded schools must provide a free and appropriate public education in the least restrictive environment to all students who have a disability. The right to a Free Appropriate Public Education (FAPE) generally means that children who have disabilities, including children with disabilities who have been suspended or expelled from school, have the right to be educated at public expense, in a manner appropriate to meet their unique needs. Least Restrictive Environment refers to the right of students with disabilities to be educated as much as possible with children who do not have disabilities.

Discipline

• A school may discipline a student on a 504 plan for fewer than 10 days in the same way they would discipline students without disabilities. If a section 504 student is subject to discipline (i.e. suspensions, etc.) for more than 10 days, a manifestation determination meeting must be held. A manifestation determination meeting brings together the 504 team to assess whether the student’s behavior that led to discipline is linked to their disability or a failure to implement their 504 plan. If the student’s behavior is a manifestation of their disability, the student should be allowed to return to their school placement. If the school determines the behavior is not a manifestation of the student’s disability, the student will be subject to the same disciplinary actions (including suspensions or expulsion) that apply to students without disabilities.

Procedural Safeguards

School districts are required to establish and implement procedural safeguards with respect to identification, evaluation, and placement procedures. The procedural safeguards include:

• Notice: Parents have the right to receive advance notice of evaluations and meetings as well as notice of the results and actions taken by the 504 team.

• Examine Relevant Records: Parents have the right to review the documents and evidence utilized by the 504 team to determine eligibility and placement/accommodations.

• Impartial Hearing: Parents have the right to file a discrimination complaint against the school district. Parents have the opportunity to participate in the hearing and to have representation of an attorney, at the family’s own cost.

• Review: Right to appeal decision from hearing.

Who enforces section 504?