Section 504 of the Rehabilitation Act of 1973

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education. Section 504 provides: "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 ...” To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities

Child Find Responsibility: Under Child Find for Section 504, a school district is obligated to identify students who are disabled and may need related services or accommodations because of their disability. Section 504 eligibility and the need for an accommodation plan are separate determinations. OCR (Office of Civil Rights) has indicated that a student does not have to demonstrate a need for related services or accommodations in order to be Section 504 eligible. Even if a student does not need a 504 Accommodation Plan, he/she can be determined eligible and receive procedural safeguards, periodic reevaluation, manifestation determination and the nondiscrimination protections of Section 504. Should the need for 504 Accommodation Plan develop, the team would reconvene and develop an appropriate plan. 

Evaluation And Eligibility Determination: An evaluation under Section 504 is not necessarily a comprehensive evaluation as required under Individuals with Disabilities Education Act (IDEA). Section 504 evaluations draw upon a variety of sources and may include cumulative record and work sample review; observational data; interviews with student, parent and/or school personnel; and/or administration of formal assessment measures. A physician’s medical diagnosis alone is insufficient to suffice as an evaluation. Although a medical diagnosis is one source of data to consider, it is neither required nor sufficient for establishing eligibility under Section 504. The Section 504 team may request medical documentation to assist in determining eligibility. The 504 team should always include persons knowledgeable about the student, interpretation of evaluation data, and the placement options available. 

Section 504 Accommodation Plan (504 Plan): A student who is eligible for Section 504 and requires related services or accommodations in order for his/her educational needs to be met as adequately as those of nondisabled peers will have a Section 504 Accommodation Plan developed. The goal of the plan is to provide reasonable accommodations that ensure a student with a disability has the opportunity to participate and access the general education curriculum and extracurricular activities to the same extent as a nondisabled peer. This does not guarantee equal outcome, but provides equal opportunity, so that if appropriate effort is applied, a student will benefit the same as nondisabled peers. The 504 Plan will be developed by the Section 504 team and will be based upon the individual student’s educational needs and least restrictive environment. For a diabetic student, whose endocrine system does not function properly and is at risk of serious health problems, and even death, if not properly treated, the 504 Plan may include, but is not limited to: monitoring of blood glucose levels, permission to carry and use blood glucose monitoring supplies, snacks, water, and insulin as per the student’s Diabetes Medical Management Plan (DMMP), and frequent restroom breaks