Section 504 of the Rehabilitation Act of 1973 (commonly referred to as Section 504) is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance. Those programs include public school districts, institutions of higher education, and other state and local education agencies.

The school counselor typically serves as the case manager of a 504 plan. The counselor will host a meeting involving a general educator, parent, and other specific staff (as needed) to conduct an evaluation. Based on the evaluation, a 504 plan may be created to meet the needs of the student. Students are eligible for a 504 plan if they are identified as having a disability that substantially limits one or more major life’s activities.

A 504 plan is a set of documented accommodations within the classroom or school setting. The plan will help the student be able to follow the regular curriculum within the general education setting.

Section 504 of the Rehabilitation Act of 1973

It is the policy of the Board of Education to provide a free and appropriate public education to and reasonable modification of policies, practices, or procedures for each eligible student with a disability under Section 504. It is the intent of the District to ensure that students who are, or may be, eligible for instructional accommodations and/or reasonable modification of policies, practices, or procedures under Section 504 are identified, evaluated, and if eligible, provided with appropriate instructional accommodations and/or reasonable modifications of policies, practices, or procedures.

Parents (or students if age 18 or older) have the following rights under Section 504:

1. Right for your child to take part in and receive benefits from the District and its programs and activities, including nonacademic and extracurricular programs and activities, without discrimination based on his/her disability;
2. Right to be informed, in your native language and mode of communication, of any proposed actions related to identification, evaluation, or educational placement of your child;
3. Right to examine all relevant records of your child;
4. Right to have an evaluation of your child that draws on information from a variety of sources to determine his/her eligibility for Section 504 Instructional Accommodations:
5. Right to have periodic reevaluations of your child, including reevaluation before any significant change in your child’s placement;
6. Right for your child to receive appropriate Instructional Accommodations in the least restrictive environment that is appropriate to meet his/her needs if he/she is found eligible under Section 504, and right to provide your input before Section 504 program/placement decisions are finalized:
7. Right to a manifestation determination review before any disciplinary removal of your child that constitutes a significant change in placement, to determine if your child’s misconduct was related to his/her disability;
8. Right to request an impartial due process hearing under the District’s Section 504 Procedures And Procedural Safeguards to address issues about the identification, evaluation, educational placement of, or provision of a free appropriate public education to your child, to participate in and be represented by legal counsel at the hearing, and to appeal the hearing decision through the District’s review procedure:
9. Right to file a grievance under the District’s Uniform Grievance Procedure to address any claim of discrimination based on disability, and to appeal the grievance decision; and
10. Right to forego or terminate the District’s impartial due process hearing and/or grievance procedures described above and file a complaint with the U.S. Department of Education’s Office for Civil Rights (“OCR”).