Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination on the basis of disability in programs and activities that receive Federal financial assistance from the U.S. Department of Education. Section 504 establishes a student’s right to full access and participation to education and all school-related activities and require schools provide appropriate services to meet the individual needs of qualified students.​

A student is considered “qualified” under Section 504 if the student is between the ages of 3 and 22 years of age and has a disability, which is defined as a physical or mental impairment that substantially limits one or more major life activities. Major life activities include caring for one’s self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. Some examples of impairments that may substantially limit major life activities, even with the help of medication, aids or devices are: attention deficit hyperactivity disorder (ADHD), asthma, allergies, blindness or visual impairment, deafness or hearing impairment, diabetes, epilepsy, heart disease, and mental illness.

With the passage of the ADA Amendments Act in 2008, Congress expanded the scope of "major life activities” and clarified that a disability determination under the ADA and Section 504 should not demand extensive analysis, which is why the ameliorating effects of mitigating measures (other than ordinary eyeglasses or contact lenses) are no longer considered when making a determination.​

How is a 504 Plan Developed?

The §504 Multidisciplinary Team determines what educational accommodations are needed to achieve equality/ comparability of access to educational activities for the student with a disability. In addition to the normal and usual academic and school activities, students must also be given the opportunity to participate in non-academic and extracurricular services and activities, such as recreational and athletic activities, and school-sponsored clubs, events and activities. Participation in such non-academic activities may require accommodations.

The accommodations for the student should be documented in the Section 504/ADA Accommodation Plan.

How is a 504 Plan Implemented and Reviewed?

All of the professional staff who work with the student must be provided a copy of the student’s Section 504 plan. Paraprofessional staff who work with the student should also be thoroughly familiar with any accommodations that the student requires to receive an appropriate education.

On an annual basis, or more often if needed, the team will reconvene to review the plan. At the meeting, the following questions will be asked:

• Is the student still eligible for a 504 plan?

• Is there new information that needs to be considered?

• Are the current accommodations working?

• Do any changes need to be made to the plan?

Based on the answers to the above questions, the team may decide to continue the same 504 plan, make changes to the plan, or discontinue the plan because the student is no longer eligible.

When is a Reevaluation Completed?

Before any change in placement, including long-term suspensions and expulsions, a reevaluation must be completed along with notice to parents. A reevaluation of the student’s disability status must also be conducted every three years or more often, if needed.