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National Association for the Education of African American Children with Learning Disabilities

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Section 504 Rehabilitation Act of 1973

 
 
What if my child needs help but does not qualify for special education services?

Sometimes children with special needs do not qualify for special education services.  What options do parents have in that situation?  Your child may be eligible for a “504 Plan”.  Section 504 of the Rehabilitation Act of 1973 is a federal statue that protects individuals with disabilities from discrimination in programs that receive federal funds.  All institutions and programs receiving federal funds, including public schools, public and private institutions, where students receive financial assistance (i.e., colleges and universities) fall under this law.


What is a 504 Plan?
 
It is an intervention plan specifically designed for a child with a disability who is experiencing difficulty in a regular education setting.  A 504 Plan is a legal document but is not the same as an Individualized Education Program (IEP).  The goal of the 504 Plan is to prevent discrimination based on a student’s disability. An IEP is designed to provide a free, appropriate public education (FAPE) in the least restrictive environment. The child is provided accommodations using a 504 Plan (e.g., additional time on tests) so he or she can fully and fairly participate in classroom activities.
 

Who qualifies?

A 504 Plan applies to a person “otherwise qualified” if the person is able to meet the requisite academic standards, with or without accommodations.  The person must have a physical or cognitive impairment that limits one or more of the major life activities (i.e., self care, walking, seeing, hearing, performing manual tasks, speaking, breathing, working, and learning).   Children do not need to have the specific disability designation such as autism, specific learning disabilities, serious emotional disturbances that are required for special education placement.  Children with learning difficulties will need to provide documentation demonstrating the disability.  Children with ADD or ADHD will usually need to have a physician’s diagnosis.


Does every school district have 504 Plans?
 
Yes, because all public schools receive federal funds they are subject to this law. Like special education services provided under the Individuals with Disabilities Act (IDEA) services provided under Section 504 of Rehabilitation Act are at no cost to families.  


What do I have to do for my child to be placed on a 504 Plan?

Contact your child’s school principal or counselor; they will be able to tell you the specific procedures for making a referral.  After a formal referral is made a meeting is usually set-up involving you and your child’s teachers, principal, counselors and other relevant support staff.  If a need for a 504 Plan is determined then the special accommodations for your child are agreed on and the document is signed.


What are accommodations?

Accommodations are tactics or tools designed to eliminate the disadvantage your child may be experiencing when participating in activities.  For example, a child may need additional time on tests/quizzes due to cognitive processing difficulties.

Some possible accommodations are:

·  a notetaker during class
·  e
xtra time to take quizzes and tests
·  a
ssistive technology in regular classroom
·  a
dditional transition time between classes
·  a
llowance for health related absences
·  h
ave tests/quizzes read out loud and/or respond orally
·  a
ssignments sheets that are signed by teachers and parents
·  t
ake tests/quizzes in a quiet area away from the classroom
·  e
xtended time on written reports/essays/research papers.


Where can I find additional information?

Further information about the 504 Plan is available on EdLaw or through the ERIC Clearinghouse on Disabilities and Gifted Children.  The telephone number for ERIC is 1-800-328-0272.