59 504

Type:

Civil rights law

Administration:

Office of Civil Rights

General Purpose:

To eliminate discrimination on the basis of disability in any program or activity receiving federal financial assistance by providing equal access to educational opportunity through reasonable modifications and services.

Funding:

• No funding.
• State and local jurisdictions have responsibility.
• IDEIA funds may not be used to serve children found eligible under Section 504.

Applicable agencies:

Public and private programs and activities that receive federal financial assistance.

Age range:

Birth – Death

Evaluation and Placement:

Section 504 requires only notice, not consent, for evaluation. However, it is recommended that districts obtain parental consent. Section 504 requires that information be obtained from a variety of sources in the area of concern, all data is documented and considered, and decisions are made by a group of persons knowledgeable about the student, data, and placement options. Section 504 requires that students be educated with their non-disabled peers to the maximum extent appropriate. Section 504 does not require a meeting for any change in placement.

Free, Appropriate Public Education (FAPE):

Section 504 defines FAPE to include the provision of special or regular education and related services. An “appropriate” education means an education comparable to that provided to students without disabilities. This may be defined as regular or special education services. Students can receive related services under Section 504 even if they are not provided any special education. Section 504 does require development of a plan, although this written document is not mandated. The Individualized Education Program (IEP) of IDEIA may be used for the Section 504 written plan.

Procedural Safeguards:

Section 504 requires notice to parents regarding identification, evaluation and/or placement with written notice being recommended. Written notice must be made only before a “significant change” in placement.

Due process or Violations:

Section 504 requires local education agencies to provide impartial hearings for parents who disagree with the identification, evaluation, or placement of a student. 504 requires that parents have an opportunity to participate in the hearing process and to be represented by counsel. Beyond this, due process details are left to the discretion of the local education agency. It is recommended that districts develop policy guidelines and procedures.