Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based upon disability. A person is considered disabled if s/he has an impairment that significantly interferes with any major life activity. A disability that may not “adversely impact education” for IDEA eligibility may still entitle a child to Section 504 protections, which would include accommodations in the classroom to help the child learn. If eligible, a child would get a written 504 plan that describes any classroom modifications needed to address their specific areas of need.

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 an individual who still must: (a) have a physical or mental impairment that substantially limits one or more major life activities; (b) have a record of such an impairment; or (c) be regarded as having such an impairment.

• 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 data based on a variety of sources, including parent/guardian-provided information,

• periodic re-evaluation of students who have been provided 504 plans.

Policy 512: TIVERTON SCHOOL DEPARTMENT SECTION 504 PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY

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.