Section 504

What is it and What does it do?


Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED) (ed.gov).


The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.


Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.


The Difference between 504 plan and an IEP.


A student cannot have both a 504 and an IEP. Students who qualify under section 504 must have a 504 plan that outlines the services to be provided. Some students will also qualify under the more stringent IDEA (the Individuals with Disabilities Education Improvement Act). These students will have an IEP rather than a 504 plan.


For example, if a student needed auxiliary aids and services, that would be under the students 504 plan. If they needed additional accommodations, they would have an IEP.