SECTION 504:
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. Section 504 ensures that the child with a disability has equal access to an education. The child may receive accommodations and modifications.
The 504 plan is designed to provide accommodations or support to students who are considered to have a disability under Section 504 of the Rehabilitation Act of 1973. This plan is developed by a team of individuals who are familiar with the student's needs, including the student (when appropriate), the student's parents or guardians, and educational professionals. The plan outlines the specific accommodations necessary to help the student access the general education curriculum and ensure equal opportunities for success.
Eligibility
Eligibility for services under Section 504 of the Rehabilitation Act is based on whether a student has a disability that significantly impacts their ability to participate in or benefit from school activities. To qualify for protections under Section 504, a student must meet one of the following criteria:
- Have a physical or mental impairment — that substantially limits one or more major life activities (such as walking, seeing, hearing, speaking, learning, or concentrating).
- Have a history of such an impairment — meaning the student may have had a disability in the past that no longer significantly limits their life activities but still qualifies for protection.
- Be regarded as having such an impairment — this applies if the student is perceived by others as having a disability, even if they do not actually have one that substantially limits a major life activity.
An evaluation process is required to determine whether a student meets one of these criteria. If the student is found eligible, they are entitled to accommodations or modifications to ensure they have access to the same educational opportunities as students without disabilities. Section 504 ensures equal access to education, but it does not require specialized educational services or modifications unless needed to provide this access.
Accommodations and Modifications:
Under Section 504, the child with a disability may receive accommodations and modifications that are not available to children who are not disabled. These accommodations and modifications are also available under IDEA.
Access vs. Educational Benefit
Under Section 504 of the Rehabilitation Act of 1973, access refers to ensuring that students with disabilities are not excluded from educational opportunities due to their disability. This law mandates that students with disabilities receive equal access to education, which may include accommodations such as physical changes to the school environment (e.g., ramps for wheelchair access) and other modifications that allow the student to participate in general education activities. However, Section 504 does not require that the education provided results in specific educational progress or benefit. The focus is on providing access to education, not necessarily on ensuring educational benefit or specialized instruction tailored to the child’s individual learning needs, which is a requirement under other laws like IDEA.