Section 504 of the Rehabilitation Act of 1973

Summary:

This page briefly describes Section 504 of the Rehabilitation Act of 1973 and links to additional information.

The Rehabilitation Act of 1973 was one of the first pieces of federal legislation addressing the needs of individuals with disabilities. Section 504 requires that all children with disabilities be provided a free, appropriate public education (FAPE) in the least restrictive environment. A person with a disability under Section 504 is any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. This definition is broader than the Individuals with Disabilities Education Act (IDEA), which defines specific disabling conditions. The U.S. Department of Education has not defined the term "substantial limitation," allowing local educational agencies to develop their own definitions.

Some students with disabilities may not meet the eligibility guidelines under IDEA, but are qualified under Section 504. There may also be students who have a disability according to both definitions but do not require special education services. For example, some students who use wheelchairs may be qualified under both definitions, but they may not require special education services, and only require special accommodations under Section 504.

The Office for Civil Rights, U.S. Department of Education, (OCR) is the enforcing agency for Section 504 in the education environment. OCR conducts compliance reviews and investigates complaints. Section 504 includes administrative complaint procedures, which can help to avoid costly court actions.

Like IDEA, Section 504 requires identification, evaluation, provision of appropriate services, notification of parents, an individualized accommodation plan (Section 504 plan), and procedural safeguards. These activities must be performed in accordance with Section 504 regulations, which have some requirements that differ from those of IDEA.

Resources

• A Parent and Teacher Guide to Section 504: Frequently Asked Questions (Publication number ESE 311780). Order from the Clearinghouse Information Center, Bureau of Exceptional Education and Student Services by email cicbiscs@fldoe.org or phone 850-245-0477.
• Office for Civil Rights, Frequently Asked Questions about Section 504 and the Education of Children with Disabilities
  http://www.ed.gov/about/offices/list/ocr/504faq.html?exp=0

Legal Basis | ESEA | IDEA | ADA | Eligibility