Section 504: What Does it Mean?

Section 504 of the Rehabilitation Act of 1973 is one part of a federal civil rights law for people with disabilities. Section 504 is for students with disabilities. The purpose of Section 504 is to protect children with disabilities from being discriminated against at school.

How is Section 504 is different from IDEA?

Warning: Do not agree to 504 for your child if your child meets IDEA criteria. You should advocate for proper identification under IDEA if your child qualifies. Do not settle for 504. IDEA is a stronger law with more services and more protections for your child. Read more about IDEA.

Does Section 504 apply to my child's school?

If your child's school district gets any kind of financial assistance from the United States Department of Education, Section 504 applies. This means that if your school district gets the breakfast or lunch program, Chapter 1 money, or special education money, Section 504 applies.

Does my child qualify for Section 504?

To be eligible for Section 504, your child must be a "qualified disabled person." This means she must have "a physical or mental impairment that substantially limits a major life activity." Examples of a "major life activity" are walking, learning, hearing, seeing, etc.

Having a disability is not enough to qualify for 504 services. The disability must interfere with your child's ability to learn or access school programs. Your child does not have to receive "special ed" services (like resource room) to qualify under Section 504. For example:

What does Section 504 do?

Section 504 entitles your child to a "free appropriate public education" (FAPE).

The definition of "appropriate" under Section 504 is different than under IDEA. Under Section 504, "appropriate" means an education that is comparable to (or similar to) the education that non-disabled students receive in your school district. The quality of services your child gets must be equal to those services non-disabled students get in your school. Your child's teacher must be trained in how to teach a disabled student and must have appropriate materials and equipment for your child to use. Section 504 applies to academic, non-academic and extracurricular activities, including sports.

What does "free" mean?

One big exception is if non-disabled students have to pay for some services, you have to pay for the same services. For example, if there is a field trip that students must pay $20 for, you will also have to pay $20 for your child to go under Section 504. The school can bill your insurance company for services it provides under Section 504.

Students under 504 should be with non-disabled students to the maximum extent appropriate. They should also be in a placement that is located closest to their homes.

Section 504 has many regulations about physical accessibility to the school building. So, if your child has a physical impairment that affects her ability to access all the parts of the school building, the school building must be modified so it is accessible to your child. For example: if your child is in a wheelchair, and there is no handicap door, one should be installed so your child can get into the building.

If there is a separate school for disabled students under Section 504, that school must be similar to the public school where non-disabled students go.

How does Section 504 work?

Each school district should have a 504 policy or plan. The plan should be in writing. The plan should explain how Section 504 works for that school district.

Generally, as a parent, you can make a referral to the 504 contact person at your child's school district. Contact the school administration to find out who that person is. School staff can also make a referral under Section 504.

Your child must be evaluated. Each school district should have procedures and standards for how evaluations are conducted.

Next, the school should hold a 504 meeting. You must get notice of the meeting, but the school does not have to give you notice in writing. You can review your child's school records. There are no mandatory participants that have to be part of the 504 team. Sometimes, the 504 team is the same as a PET under IDEA, but it does not have to be. The 504 team must include people who know your child, can explain the evaluations and know about placement options. The 504 team should decide if your child is a "qualified disabled person." If she is, a 504 plan must be developed. The 504 plan does not have to be in writing, but you can and should ask for it to be put in writing.

If the school wants to change your child's program, it only has to give you notice if there is going to be "a significant change" in your child's placement. This means little changes in your child's program do not require the school to notify you. Section 504 does not require your consent.

What if my child is suspended from school?

Students with disabilities have the same due process protections as non-disabled students. So the schools have to follow the correct procedures. But students with disabilities under Section 504 have extra protections in disciplinary actions. 10 is the magic number.

Once your child has been removed from school for more than 10 school days, there needs to be a meeting. The meeting will decide if your child's behavior is related to his disability. This is called a manifestation.

If there is a manifestation (meaning there is a connection), your child cannot be disciplined. This keeps your child from being punished because of his disability. If there is no manifestation (there is no connection between behavior and disability), then your child can be treated like any other student. This means he can be recommended for expulsion. As a student receiving modifications under Section 504, the school does not have to give your child services while he is suspended or expelled if there is no manifestation.

What can I do if the school is not following Section 504?

You are entitled to a grievance if the school district has more than 15 employees. The district must have:

You are entitled to a due process hearing if you disagree with the identification, evaluation or placement for your child. You are entitled to have an attorney at the hearing. The school makes the rules for how the hearing is conducted. The hearing office cannot work for the school.

You also have a right to go to court. One of the remedies you can ask for is monetary damages.

Maine's Department of Education does not have the authority to monitor or investigate complaints about Section 504. Instead, Section 504 is enforced by the U.S. Office of Civil Rights. The regional office for Maine is in Boston. You can file an online complaint (in English, or in one of 19 other languages) or contact them at: