Reasonable Accommodation / 504 Plans

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law guaranteeing students with disabilities equal access to education. It requires identification, evaluation, appropriate services, and procedural safeguards.

Classroom teachers and general education staff are responsible for providing the accommodations and services eligible students need to participate in and benefit from public education.

Who qualifies for a 504 Plan?

A student who does not require or is not eligible for special education may still qualify for a 504 Plan if they have a physical or mental impairment that substantially limits one or more major life activities, and they either:

• have a record of such an impairment, or
• are regarded as having such an impairment.

If a student's needs require a full special education program instead, district policy is to provide an IEP after completing the required assessment and IEP meeting process.

Key definitions

Physical or mental impairment: Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss; or any mental or psychological disorder, including emotional or mental illness and specific learning disabilities. (34 CFR § 104.3(j)(2)(i))

Substantial limitation: A limitation on a student's ability to perform an activity compared to the average person in the general population — not compared to the student's peer group. Districts typically focus on behavior and learning when determining whether a disability substantially limits a major life activity for FAPE eligibility. Under the 2008 reauthorization, impairments that are episodic or in remission still count as disabilities if they would substantially limit a major life activity when active.

Major life activities: Activities most people can perform with little or no difficulty, including caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, standing, lifting, thinking, concentrating, interacting with others, sleeping, bending, reading, and communicating. (42 USC § 12102(1)(B))

What Section 504 prohibits

Districts may not (34 CFR § 104.4):

1. Exclude a person with a disability from participating in any district program or activity
2. Deny a person with a disability the benefits of any district program or activity
3. Subject a person with a disability to discrimination solely because of their disability