504 Plans

What is a 504 plan?

“504” references Section 504 of the federal Rehabilitation Act of 1973. According to the Office of Civil Rights, Section 504 requires “a school district provide a Free and Appropriate Public Education (FAPE) to qualified students with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability.”

It further states that federally-funded programs can’t exclude anyone with a disability. Under this law, disability is a “physical or mental impairment which limits major life activities.”

Under Section 504, students don’t need a diagnosis if a parent can show that the child has an impairment. Schools label children with dyslexia as having a “Specific Learning Disability (SLD).” SLDs limit major life functions, and learning is a major life activity. Since dyslexia affects learning, students should be eligible based on these definitions. 

 

The “Americans with Disabilities Act Amendments Act of 2008” states that “the ameliorating effects of mitigating measures (other than ordinary eyeglasses or contact lenses) NOT be considered in determining whether an individual has a disability.” This means that even if a child has received remediation, they still have the impairment. The 504 plan contains accommodations that remove barriers from learning. Accommodations give students with disabilities equal access to the curriculum.

 

  1. Review the Resource Guide to Section 504 from the US Department of Education.
  2. Review MDE’s Compliance Manual for Section 504 of the Rehabilitation Act of 1973.
  3. Read your school district’s 504 plan procedures.
  4. Send school a request for a 504 Plan in writing, Here is a sample letter requesting a 504 Plan.
  5. Arrive with documentation of your child’s diagnosis and a list of accommodations.

Often, parents struggle to get 504 plans for students that aren’t behind in school. But, being behind is NOT required to get a 504 Plan! The US Office of Civil Rights issued documents addressing this. These explain that parents do not have to go to extensive means to prove their child has a disability.

The Minnesota Department of Education (MDE) has no enforcement authority for this law. The U.S. Department of Education, Office for Civil Rights (OCR) takes Section 504 complaints.

Accessible Instructional Material (AIM) can make all the difference in a student’s education. AIM is for students who qualify as having a “print disability”. It provides access to accessible textbooks, such as braille, audio and digital text.