Advocating for African American families with children who learn differently.
Section 504 Rehabilitation Act of 1973
Sometimes children with special needs do not qualify for special education services but he or she might be eligible for a "504 Plan." Section 504 of the Rehabilitation Act of 1973 is a federal statute that protects individuals with disabilities from discrimination in programs that receive federal funds. All institutions and programs receiving federal funds, including public schools, pubic and private institutions, where students receive financial assistance (i.e., colleges and universities) fall under this law.
A 504 Plan is an intervention plan specifically designed for a child with a disability who is experiencing difficulty in a regular education setting. A 504 Plan is a legal document but it is not the same as an Individualized Education Program (IEP). The goal of the 504 Plan is to prevent discrimination based on a student's disability. An IEP is designed to provide a free, appropriate public education (FAPE) in the least restrictive environment. The child is provided accommodations using a 504 Plan (e.g., additional time on tests) so he or she can fully and fairly participate in classroom activities.
a 504 Plan applies to a person "otherwise qualified" if the person is able to meet the requisite academic standards, with or without accommodations. The person must have a physical or cognitive impairment that limits one or more of the major life activities (i.e., self care, walking, seeing, hearing, performing manual tasks, speaking, breathing, working, and learning). Children do not need to have the specific disability designation such as autism, specific learning disabilities, serious emotional disturbances that are required for special education placement. Children with learning difficulties will need to provide documentation demonstrating the disability. Children with ADD or ADHD will usually need to have a physician's diagnosis.
Every school district has 504 Plans because they receive federal funds. Like special education services provided under the Individuals with Disabilities Act, services provided under Section 504 of the Rehabilitation Act are at no cost to families. Contact your child's school principal or counselor to find out more about the specific procedures for making a referral. After a formal referral is made, a meeting is usually set up involving you and your child's teachers, principal, counselors, and other relevant support staff. If a need for a 504 Plan is determined, then the special accommodations for your child are agreed on and the document is signed.
