Section 504 of the Rehabilitation Act
Frequently Asked Questions
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law which prohibits discrimination against individuals with disabilities. It applies to any school which receives federal funds. The intent of this law is to provide students with disabilities equal access to educational programs, services, and activities. Students with disabilities may not be denied participation in school programs and activities solely on the basis of disability.
Students who meet the definition of a person with a disability under Section 504 are those who:
- have a physical or mental impairment which substantially limits one or more major life activities;
- have a record of such an impairment; or
- are regarded as having such an impairment.
Section 504 defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
The regulation does not set forth a complete list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.
The Section 504 definition includes - caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504.
Determining whether a student is a “qualified disabled student” under Section 504 begins with the evaluation process. Each district will have standards and procedures for initial evaluations. Staff often included in the process may include: teachers, school psychologist, counselor, nurse and/or principal - as well as the parent or guardian.
Often a written plan is developed, commonly called a 504 Plan which details accommodations that will be made to ensure that the student has access to programs and activities.
Accommodations are program adjustments made to remove disability-related barriers so a student is able to fully participate in school- both academic and nonacademic activities. (i.e. preferential seating, adjust length of test, provide a behavior plan, modified P.E.).
The first step is to contact the teacher and ensure he/she is aware your child has a 504 Plan. If the teacher is not responsive, contact the 504 Coordinator assigned to your child’s school. If your concerns are not resolved, you may wish to contact your School District’s 504 Coordinator.
Each school district is required to designate an employee who will be responsible for ensuring compliance with Section 504 regulations. The district will also have complaint policies and procedures to receive and respond to complaints and inquiries.
Yes - once a student no longer meets the eligibility requirements.
The U.S. Department of Education, Office for Civil Rights (OCR) enforces Section 504. OCR can also provide information and assistance. For more information contact:
U.S. Department of Education, Office for Civil Rights
OCR, U.S. Department of Education
915 Second Avenue Room 3310
Seattle, WA 98174-1099
(206) 607-1600 TDD: 877-521-2172