Purpose-Is a broad civil rights law which protects the rights of individuals with handicaps in programs and activities that receive Federal financial assistance from the U.S. Department of Education

Who is Protected- The Rehabilitation Act of 1973, 20 U.S.C. § 701 at seq., 34 C.F.R. Part 504, made discrimination against disabled individuals in activities receiving federal funding or grants, including all public school and many post-secondary institutions, unlawful. The statute requires schools to provide children with “impairments that substantially limit a major life activity,” such as learning, with reasonable accommodations.

Free and Appropriate Public Education (FAPE)-BOTH LAWS REQUIRE THE PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION TO ELIGIBLE STUDENTS COVERED UNDER THE ACT INCLUDING INDIVIDUALLY DESIGNED INSTRUCTION. “Appropriate” means an education comparable to the education provided to non-handicapped students, requiring that reasonable accommodations be made. Related services independent of any special education services as defined under IDEA, may be the reasonable accommodation and may be provided in a regular education program.

Documentation Does not require a written IEP documentation but does require a plan. Section 504 of the Rehabilitation Act, often provides a faster and more flexible procedure for obtaining accommodations and services for children with disabilities.

Funding- Does not provide additional funds. IDEA funds may not be used to serve children found eligible only under section 504.

Procedural Safeguards

BOTH REQUIRE NOTICES TO THE PARENT OR GUARDIAN WITH RESPECT TO IDENTIFICATION, EVALUATION, AND/OR PLACEMENT. IDEA PROCEDURES WILL NOT ALWAYS SUFFICE FOR SECTION 504 IMPLEMENTATIONS

Does not require written notice, but a district would be wise to do so.
Requires notice before a “significant change” in placement – requires due process rights if referred for evaluation and team determines not to evaluate.

Evaluation Procedures - Evaluation draws on information from a variety of sources in the area of concern. A group decision is made with persons knowledgeable about student, evaluation data, and educational placement options available.
Consent not necessary only notice to parent or guardian
Requires yearly reevaluations or periodically review as needed before a significant change in placement. This includes expulsion, and removal from regular education programs.
Does not address independent evaluations at district expense or the ability to request an independent educational evaluation.

Placement Procedures
IDEA AND SECTION 504 BOTH REQUIRE DISTRICTS AND SCHOOLS TO USE INFORMATION FROM A VARIETY OF SOURCES. CONSIDER ALL DOCUMENTED INFORMATION. USE A TEAM APPROACH TO MAKE ELIGIBILITY DECISIONS, WITH TEAM MEMBERS BEING KNOWLEDGABLE ABOUT THE CHILD, EVALUATION DATA, AND THE CONTINUUM OF PLACEMENTS AND SERVICES AVAILABLE.
STUDENT MUST RECEIVE A FREE AND APPROPRIATE EDUCATION WITH HIS/HER NON-DISABLED PEERS IN THE LEAST RESTRICTED ENVIRONMENT.

Meeting is not required for a change of placement. Section 504 Accommodation Plans are often developed to be used in one of three ways:
1. a 504 Plan can be used when a student can be educated in the regular education classroom without modifications but needs a specific service due to his or her disability. (Such as a student on prescription medication may need medication services, or a student with a disability affecting his behavior may need a plan to deal with discipline concerns.)
2. a 504 Plan may be utilized when a student can be educated in the regular classroom with modifications. Possible modifications include:
a. repeating and simplifying instructions for classroom exercises or homework,
b. supplementing verbal instructions with visual cues,
c. adjusting class schedules,
d. modifying test delivery by allowing extra time or a quiet location, small group; oral testing; extended time; test read to student.
e. using adaptive technology, such as tape recorders, spell checkers, calculators, computers, word processor, etc
f. providing modified textbooks or workbooks, or tailoring homework assignments.
g. Behavior management or intervention strategies
h. Textbooks on tape
3. a 504 Plan can be used to provide special education and related services. The type of services often covered in this category include the provision of classroom aides or note takers, the involvement of a service coordinator, one-on-one tutorials, modification of non-academic activities such as recess or physical education, or reducing the class size so that a child receives small group instruction.

Grievance Procedures -Requires districts to provide a grievance procedure for parents, students, and employees to follow and a 504 coordinator to be available to assist individuals as needed.

Due Process- SECTION 504 REQUIRE DISTRICTS TO PROVIDE IMPARTIAL HEARINGS FOR PARENTS/GUARDIANS WHO DISAGREE WITH IDENTIFICATION, EVALUATION, IMPLEMENTATION OF IEP OR STUDENTS LRE PLACEMENT.

Due process hearing not required before OCR involvement or court action unless student is also covered by IDEA. Compensatory damages possible.

Links to additional information about Section 504:

Wrightslaw Section 504
Council of Special Educators 504 Resources
LD Online Section 504 information
Office of Civil Rights

The Individuals with Disabilities Education Act(IDEA 2004) will provide parents of children with neurological disorders with new challenges and a greater need to be proactive in advocating for your child. As we are all well aware neurological disorders affect each child differently and the impact that the illness has on the child's ability to learn or function in a school setting may be different for each child or even at different times in the progression of the illness. Often children with neurological disorders have co-morbid conditions that further impact the child's ability to function in the traditional school setting. It is important to note that not all children with neurological disorders will be protected under IDEA or need an IEP to be successful in a school setting.