504 Plans
Section 504 of the Rehabilitation Act of 1973 is a federal law that protects students from discrimination based on disability. Students who meet the definition of a person with a disability under Section 504 have a physical or mental impairment which substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having such an impairment.
Your Child's Education
Your child has the right to:
- Receive a free and appropriate public education.
- Participate in and benefit from the district’s educational programs without discrimination.
- Be provided an equal opportunity to participate in the district’s nonacademic and extracurricular activities.
- Be educated with students who do not have disabilities to the maximum extent appropriate.
- Be educated in facilities and receive services that are comparable to those provided to students without disabilities.
- Receive accommodations and/or related aids and services to allow your child an equal opportunity to participate in school activities.
- Receive educational and related aids and services without cost, except for those fees imposed on the parents of children without disabilities.
- Receive special education services if needed.
A 504 plan can help students with learning and attention disabilities learn and participate in the general education curriculum. A 504 plan outlines how a child’s specific needs are met with accommodations, modifications and other services. These measures “remove barriers” to learning. Students with 504 plans usually spend the entire school day in a general education classroom.
Who qualifies for a 504 plan?
504 plans are for K–12 public school students with disabilities. Section 504 defines “disability” in very broad terms. That’s why children who aren’t eligible for an special education may qualify for a 504 plan. Section 504 defines a person with a disability as someone who:
- Has a physical or mental impairment that “substantially” limits one or more major life activity (such as reading or concentrating).
- Has a record of the impairment.
- Is regarded as having an impairment, or a significant difficulty that isn’t temporary. For example, a broken leg isn’t an impairment, but a chronic condition, like a food allergy, might be.
This definition covers a wide range of issues, including ADHD and learning disabilities. However, Section 504 doesn’t specifically list disabilities by name.
Having a disability doesn’t automatically make a student eligible for a 504 plan. First the school has to do an evaluation to decide if a child’s disability “substantially” limits his ability to learn and participate in the general education classroom.
Evaluation Process
This evaluation can be initiated by either the parent or the school. If the school initiates the evaluation, it must notify the parents and get the parents’ consent to evaluate a child for a 504 plan. If the school wants to move ahead without the parents’ consent, it must request a due process hearing to get permission to work around the parents’ refusal.
When doing an evaluation for a 504 plan, the school considers information from several sources, including:
- Documentation of the child’s disability (such as a doctor’s diagnosis)
- Evaluation results (if the school recently evaluated the child for an IEP)
- Observations by the student’s parents and teachers
- Academic record
- Independent evaluations (if available)
Your child has the right to an evaluation before the school determines if he or she is eligible under Section 504. You have the right to:
- Receive notice before the district takes any action regarding the identification, evaluation, and placement of your child.
- Have evaluation and placement decisions made by a group of persons, often called a “504 team”, including persons who know your child, the meaning of the evaluation information, and the placement options available.
- Have evaluation decisions based on a variety of sources, such as aptitude and achievement tests, teacher recommendations, physical conditions, medical records, and parental observations.
- Refuse consent for the initial evaluation and initial placement of your child.
If your child is eligible under Section 504, your child has a right to periodic re-evaluations, including re-evaluations before any significant change is made in your child’s placement.
If You Disagree with the School's Decision
If you disagree with the school’s decisions regarding your child’s identification, evaluation, educational program, or placement under Section 504, you may request mediation or an impartial due process hearing. You and your child have the right to take part in the hearing and have an attorney represent you. Hearing requests and other concerns can be made to the district’s Section 504 Coordinator:
David Paratore
14692 179th Avenue SE
Monroe, WA 98272
(360) 804-2609
paratored@monroe.wednet.edu
What does a 504 plan contain?
In general, a 504 plan should include the following elements, all tailored to a child’s individual needs:
- Specific accommodations, supports or services
- Names of the school professional that will provide each service
- The name of the person responsible for ensuring the 504 plan is implemented
A 504 plan could include specialized instruction in a general education classroom. It can also provide related services such as speech or occupational therapy.