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504 Education Plans

What is Section 504?

Section 504 is a federal civil rights law that is designed to eliminate disability discrimination in programs and activities that receive federal funds. Since all public school districts receive federal funds, all public school districts must comply with Section 504. Under Section 504, denying a disabled student a free appropriate public education constitutes disability discrimination.

What do Section 504 regulations require?

Section 504 regulations require that all qualified students with disabilities be provided:

  • a free and appropriate public education (FAPE) through the development of a Section 504 plan designed to meet individual educational needs of students who are differently abled as adequately as the needs of students without disability are met,
  • equal access to District programs and activities, including nonacademic and extracurricular services and activities, which receive Federal financial assistance,
  • determination of Section 504 eligibility done by a group of persons knowledgeable about the student,  the meaning of the evaluation data, and the placement options,
  • evaluation prior to an initial placement or any subsequent significant change in placement,
  • evaluation data based on a variety of sources, including parent/guardian-provided information,
  • periodic re-evaluation of students who have been provided 504 plans,
  • notice of procedural safeguards, including the right to a due process hearing.

What is the difference between a 504 and an IEP?

IEP Defined

The Individualized Educational Plan (IEP) is a plan or program developed to ensure that a child who has a disability identified under the law and is attending an elementary or secondary educational institution receives specialized instruction and related services.

504 Plan Defined

The 504 Plan is a plan developed to ensure that a child who has a disability identified under the law and is attending an elementary or secondary educational institution receives accommodations that will ensure their academic success and access to the learning environment.

What are next steps for a family interested in learning more about a 504?

Any student may be referred by a parent/guardian, teacher, or a third party for consideration and possible evaluation. The school principal or his/her designee is the School Section 504 Coordinator and shall provide referral forms upon request.

What are my rights as a parent?

The Providence School District (the District) will ensure that no qualified person with a disability, as defined in Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities  Act (ADA), shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any District program or activity which receives Federal financial assistance. The District is committed to ensuring that students with a qualified disability under Section 504 be identified, evaluated, and provided with a free appropriate public education (FAPE). The District does not discriminate on the basis of disability with regard to admission, access to education services, treatment, or employment in its programs and activities.

The enabling regulations for Section 504 as set out in 34 CFR Part 104, provide parents/guardians and/ or students with rights as listed in Procedural Safeguards.

Full version of the District Section 504  and Title II Procedural Manual available here.