Section 504 of the Rehabilitation Act
What happens if your child does not meet the eligibility requirements to receive special education services under the Individuals with Disabilities Education Act (IDEA)? Your child may be covered for services and supports under the important civil rights law, Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination because of a disability. Schools that receive federal funding must provide modifications and accommodations for eligible students to provide access to the same education that children without disabilities receive.
The Center for Infants and Children with Special Needs at Cincinnati Children's Hospital Medical Center provides resources to help families find the special education programs and supports they need.
Eligibility | 504 Plan | Appeals Process l Resources
To be eligible for protections under Section 504, a child must:
Have a physical or mental impairment that substantially limits one or more major life activities;
Have a record of a disability; or
Is regarded as disabled by others.
Section 504 covers a wide range of disabilities including emotional or mental illness, ADD / ADHD, orthopedic conditions, epilepsy, diabetes, cancer, organic brain syndrome, learning disabilities and mental retardation.
The nature and severity of the disability will be considered in determining if it substantially limits at least one major life activity and requires accommodations and modifications through the development of a 504 Plan. A major life activity includes learning, walking, seeing, hearing speaking, breathing, working, caring for oneself and performing manual tasks.
Determining eligibility for services under Section 504 is a team decision. Team members often include teachers, school administrators, school psychologist, counselor, therapists, the parent and the child, if appropriate. If you have results from psychological or psychiatric evaluations, information about medications or input from your child's physician, you should consider sharing this with the team.
A 504 Plan is a legal document that ensures a free appropriate public education. It identifies reasonable accommodations and modifications based on the child's individual needs. Some examples can include preferential seating, additional time for assignments and tests, modified workbooks and textbooks, tape recorders, computers, notes, audiovisual equipment, oral testing, extra set of textbooks for home, additional rest and bathroom breaks, organizational strategies, communication systems, Individual Health Plan, behavior modification plans and breaking assignments down into manageable parts. The 504 Plan is reviewed periodically by the team.
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School districts are required to have impartial hearings to resolve conflicts. If problems are not solved, you can file a complaint with the U.S. Office of Civil Rights.
Cincinnati Public Schools provides information on accommodations and modifications.
Council of Educators for Students with Disabilities has comprehensive information on Section 504.
Office for Civil Rights provides information and resources on Section 504.
ScwabLearning reviews Section 504 and the development of a 504 Plan.
Wrightslaw provides information, articles and resources on many aspects of Section 504 and the 504 Plan.
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If your questions are not fully answered by our Special Needs Resource Directory and its links, please contact us via email.
Rev. 8/08
