As a parent, ensuring your child has access to the best possible tools for education is essential for their success as learners. However, for students with disabilities or medical conditions, the traditional classroom settings can present significant barriers to learning, requiring assistance through accommodations provided by a 504 Plan.
Schools are required to comply with federal laws that ensure children with disabilities or medical conditions have complete access to a free and appropriate education. Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that protects the rights of individuals with disabilities or specific medical needs who participate in programs and activities that receive federal financial assistance. This includes public schools, charter schools, camps, and other programs that receive funding from the government.
Continue reading to learn more about 504 Plans, the qualifications for receiving accommodations, and the potential benefits for children with disabilities.
What is a 504 Plan
A Section 504 Plan is an agreement between a school and a student’s parents/guardians that outlines specific accommodations to ensure students with disabilities or medical conditions have equal access to education and opportunities for academic success. Unlike an Individual Education Plan (IEP), which includes specialized instruction and therapies, a 504 Plan provides adjustments to the learning environment in the form of accommodations to support the student’s needs.
The 504 Plan is developed by the student’s 504 team in conjunction with the child’s parents or guardian. While the plan provides support based on the child’s specific needs, it does not include therapeutic services like occupational, physical, or speech therapy.
Who Qualifies for a 504 Plan?
A 504 Plan has a much broader definition of “disability” than the Individuals with Disabilities Education Act, which determines eligibility for an IEP. It is important to note that Section 504 applies to any “individual with a disability,” not only school-aged children. The law defines an “individual with a disability” as “Any person who (1) has a physical or mental impairment which substantially limits one or more of such person’s major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment.”
In order for a child to qualify for Section 504, a student must:
- Have a condition that presents a specific everyday challenge and limits their ability to participate in daily activities.
- Provide a doctor’s note or other record of their condition.
While Section 504 does not have an exhaustive list of conditions that would qualify a child, it does define its qualification as having “…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.”
- Examples of “major life activities” that, when limited, qualify for a 504 plan include:
- Caring for one’s self
- Performing manual tasks
- Seeing
- Hearing
- Speaking
- Breathing
- Eating
- Sleeping
- Walking
- Communicating
- Standing
- Lifting
- Speaking
- Reading
- Concentrating
- Thinking
- Bending
Examples of conditions that may qualify for 504 accommodations include:
- Hyperactivity
- ADD/ADHD
- Short-term disabilities
- Diabetes
- Asthma
- Epilepsy
- Depression
- Allergies
Differences Between IEP and 504 Plan
While a 504 Plan supports children with a disability that affects their access to a general education school curriculum, an IEP protects children with disabilities who require specialized instruction and related services in order to learn in a school environment. A 504 Plan offers only accommodations that will allow a child to overcome barriers to the learning environment, such as preferential seating, hearing technology, or scheduled visits to the school nurse. Since the goal of IDEA is learning, not just accessing the curriculum, an IEP plan provides specialized instruction both in the classroom and outside the classroom and “related services,” which may include therapies such as speech, occupational, and physical therapy in addition to any necessary accommodations.
Eligibility for both a 504 Plan and an IEP requires that parents contact the school’s 504 Coordinator or Director of Special Education to initiate the evaluation process. Although the 504 evaluation process is less rigorous than an IEP evaluation, it is important to understand your child’s rights and the school district’s obligations. Unlike IEP assessments, if a parent disagrees with the outcome of the school’s 504 evaluation, they cannot request an Independent Educational Evaluation. Consult with an experienced education rights attorney to ensure your child receives the accommodations they need to reach their full potential.
Seek Help From an Educational Rights Attorney
Education rights attorney Jennifer Chang believes in protecting students’ rights to a free and appropriate education under both federal and state laws. If your child is eligible to receive accommodations to fully access their learning environment, she will fight vigorously on your child’s behalf to ensure the school fulfills its obligations and advocates for change within the district. Contact the Law Offices of Jennifer Chang today to discuss your case.