ISD 192 Section 504 Information Sheet

What is the purpose of Section 504?
Section 504 is a part of the Rehabilitation Act of 1973, which is a civil rights law that prohibits discrimination on the basis of disability in programs and activities, public and private, which receive federal financial assistance. A Section 504 Accommodation Plan may be created for students with disabilities who require program changes beyond the interventions available to all students. It is intended to ensure that persons with disabilities are not prevented from accessing the education program like typical peers.

How is a disability defined?
Under 504, a person is considered to have a disability if he or she:
  • Has a physical or mental impairment that substantially limits one or more activities of daily living
  • Has a record of such an impairment
  • Is regarded as having such an impairment

How are students evaluated for Section 504 Eligibility?
Evaluations under Section 504 involve gathering information from current school and medical records in order to determine if a child’s disability prevents him or her from accessing the education program or achieving educational outcomes like typical peers. The 504 Team will determine eligibility for protection and/or services under Section 504 by considering the impact of the disability on academics, achievement, attendance, behavior and interactions with others. Eligibility determinations must be made without regard to mitigating measures.

  • What are mitigating measures?
    Mitigating measures are those things that act to reduce or eliminate the effects of an impairment, including medication, interventions/supports, health plans, and support outside of school. Although mitigating measures cannot be considered when determining if a person has a disability, they will be considered in determining if a 504 Accommodation Plan is necessary to avoid discrimination. Section 504 is not intended to maximize individual potential but instead to ensure that a disabled student is able to access education programs as adequately as nondisabled peers. A student with a disability may be an eligible person under Section 504 even if a Section 504 Accommodation Plan is not required to ensure nondiscrimination.

Are there any disabilities which automatically qualify a student for protection
under Section 504?

No. The impairment must substantially limit one or more major life activities.

Is a medical diagnosis sufficient to qualify for Section 504 eligibility?
No. Although a physician’s medical diagnosis is sufficient for documenting a disability, the school must conduct a 504 evaluation as explained above.

What program changes are available to students through a Section 504
Accommodation Plan?

Each 504 Plan is written to address the unique needs of the qualified student. It will describe the accommodations, supports and instructional strategies necessary for the student to access the program like typical peers, while remaining in the regular classroom setting. Interventions and supports available to all students will continue to be available to students eligible under Section 504 and do not require inclusion in a 504 Accommodation Plan.

Once a student is identified as eligible under Section 504, is he/she always eligible?
No. A student’s eligibility under Section 504 and need for a 504 Accommodation Plan must be re-evaluated periodically; usually before the student transitions to a new school.

What is the process of initiating and developing a Section 504
Accommodation Plan?

  1. Referral – parents or school personnel may make referrals to the student’s school counselor. Parents may be requested to provide documentation of the disability.
  2. Evaluation – the student’s school counselor will bring referral to school’s 504 team.
  3. Eligibility Determination – the committee reviews the diagnosis and its impact on accessing school programs and activities. The 504 team will then determine (1) if the student is protected under Section 504 and (2) if the student requires a 504 Accommodation Plan to allow him or her to access the education program or achieving educational outcomes like typical peers.
  4. Accommodation Plan Development – if the committee determines that the student is eligible, the committee will develop an accommodation plan.
  5. Periodic Evaluation – the school district must periodically reevaluate the student to determine continuing eligibility under Section 504.