Understanding
Section 504
Shannon McMinimee
General Counsel
Learning Objectives
At the end of the session,
participants will:
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Understand the basic legal obligations owed
to students with disabilities under Section 504
Be able to describe Section 504 obligations
Be able to implement Section 504 obligations
Able to differentiate situations where Section
504 and IDEA procedures apply
Section 504 of
Rehabilitation Act of 1973
Section 504 is a federal
law designed to protect
the rights of individuals
with disabilities in
programs that receive
financial assistance from
the U.S. Department of
Education
Section 504 of
Rehabilitation Act of 1973
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Section 504 applies to all public and private
schools that receive federal funds (directly or
indirectly) from the Department of Education
Applies to all programs and activities that are
subsidized or supported by school districts
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School-sponsored or supported programs and
activities that take place outside of school hours
Equality of access to participate
Relationship Between
Section 504 and IDEA
Students eligible for Special Education are a
subset of students eligible for 504 Protections
Students with Disabilities
Students Eligible
for Special Education
Understanding
the 504 Process
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Child Find
Referral
Evaluation
Accommodation Plans
Section 504 Teams
Continuing Obligations –
Manifestations, Reevaluations
Child Find
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Under the IDEA and state regulations,
each school district has an obligation to
identify students with disabilities age 3
to 21 living within each district,
regardless of school attendance
While Child Find is a special education
requirement, the process also identifies
students who are eligible for 504
504 Referral
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Anyone can make a referral to
determine if a student is eligible for
protection pursuant to 504
The referral should be made in
writing, and receipt of the referral
should be acknowledged in writing
When Should a Section 504
Referral be Made?
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Student is chronically absent from school for
medical or mental health reasons
Student is returning to school from serious
illness or injury
Student is failing to advance from grade to
grade despite general education interventions
being put in place
When Should a Section 504
Referral be Made?
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Student is displaying a pattern of behavior
problems that do not dissipate with
interventions or progressive discipline
Student diagnosed with life threatening
health condition
Student was referred to special education for
evaluation but was determined not to be a
candidate for an evaluation or found ineligible
504 Eligibility
Conducting an Evaluation
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Must obtain parental consent to conduct a 504
evaluation
Conducting a 504 evaluation is a team making
decisions on specific questions based upon
data, and parents are part of the team
May be broad, including considering aptitude
and achievement data, medical and
psychological data, social and cultural
information, or narrow, including considering
just medical data
504 Eligibility
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To be protected under Section
504, a student must be
determined to:
Have a physical or mental
impairment
 That substantially limits
 One or more major life activities
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504 Eligibility: Physical or
Mental Impairment
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Any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss
affecting one or more of the following body
systems:
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Neurological; musculoskeletal; special sense organs;
respiratory, including speech organs; cardiovascular;
reproductive; digestive; genito-urinary; hemic and
lymphatic; skin; and endocrine;
Any mental or psychological disorder, such
as mental retardation, organic brain
syndrome, emotional or mental illness, and
specific learning disabilities
504 Eligibility: Physical or
Mental Impairment
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Includes temporary impairments and
episodic conditions
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Students receiving treatment for cancer or who
are in remission from cancer
Students who are dealing with temporary
physical or mental health impairments
Includes any student with a life threatening
health condition
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A condition that puts a student in danger of
death if a plan is not in place
Examples: Diabetes, epilepsy, heart conditions
504 Eligibility: Physical or
Mental Impairment
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Addiction to drugs or alcohol may be a
physical or mental impairment that may
result in a student being eligible for 504
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But active drug and alcohol use is not excused
by the student being an addict or alcoholic
Mitigating measures (i.e. taking medication,
medical devices, related aids and services)
cannot be considered in determining if a
student has a qualifying impairment
There is no list of specific diseases or
categories of medical conditions
504 Eligibility: Physical or
Mental Impairment
Does a family have to provide proof a
medical diagnosis for a student to be
eligible for 504?
504 Eligibility: Physical or
Mental Impairment
Does a family have to provide proof a
medical diagnosis for a student to be
eligible for 504?
504 Eligibility:
Substantially Limits
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A physical or mental impairment substantially limits a
major life activity for a student if the impairment
substantially limits the student’s ability to perform a
major life activity as compared to the student’s nondisabled age/grade peers
An impairment need not prevent, or significantly or
severely restrict, a student in performing a major life
activity to be considered substantially limiting
There is no single formula or scale that measures
substantial limitation
504 Eligibility: One or More
Major Life Activities
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Include major bodily functions such as the
functions of the immune system, normal cell
growth, digestive, bowel, bladder,
neurological, brain, respiratory, circulatory,
endocrine, and reproductive functions
Also include specific functions such as caring
for one’s self, performing manual tasks,
walking, seeing, hearing, speaking, breathing,
learning, and working
504 Eligibility:
Evaluation Measures
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Academic Outcomes
 Grade Point Average
 Grades
 Assessment Portfolios
 State Assessments
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Academic Progress
 Homework
 Tests
 Handwriting Samples
 District-wide
Assessments
 Standardized
Achievement Tests
504 Eligibility:
Evaluation Measures
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Behavioral Outcomes
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Behavioral Progress
Discipline Record
Office Referrals
Referrals to the Counselor
Counseling Notes
Heath Concerns
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Attendance
Nurse’s Office Visits
Medical Records
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Behavioral Assessment
System for Children
Functional Behavioral
Assessment
Specific Deficit
Assessments
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Auditory Assessment
Motor Skills
Assessment by OT/PT
Section 504 –
Accommodation Plans
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School districts must provide a free
appropriate public education (FAPE) to each
student with a disability who is in the district's
jurisdiction, regardless of the nature or
severity of the student's disability
“Appropriate” means designed to meet the
individual educational needs of a disabled
student as adequately as the needs of nondisabled students are met
Section 504 –
Accommodation Plans
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It does not mean that a school district must
maximize a disabled student’s potential. It
means sufficient individualized services to
enable a disabled student to receive
educational benefit (i.e., not maximum
benefit, not minimal benefit, some benefit)
For eligible disabled students who don’t need
specially designed instruction in order to
access education, an Accommodation Plan
needs to be developed
Section 504 –
Accommodation Plans
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Physical Access
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Transportation
Classroom
Playground
Extracurricular activities
Sensory/Motor Access
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Hearing aids/FM systems
Braille and other tools for
visually impaired students
Paraeducator support for
students with motor needs
Academic Access
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Allow shortened assignments
Allow for breaks
Allow for extra time
Scribes/Electronic Aides
Behavioral Access
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Functional Behavior
Assessments
Positive Behavior Intervention
Plans
Section 504 –
Accommodation Plans
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Students with Life Threatening Conditions
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For a student whose only disability is a life
threatening health condition, an Individual
Healthcare Plan may serve as the student’s
Section 504 plan.
The process to develop an Individual
Healthcare Plan must be based on evaluation
and placement procedures that satisfy the
requirements of Section 504
Section 504 Teams
Section 504 Teams:
Who are They?
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The membership of a 504 team will vary depending
upon the needs of each student
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A nurse will be on the 504 team of a student with a life
threatening health condition
A psychologist or counselor may be on the 504 team of
a student with a behavioral disorder or mental health
condition
The composition of a 504 team is fluid and may
change within a school year or between school years
A 504 team must consist of at least two people and
must include persons knowledgeable about the
student
Section 504 Teams:
What Do They Do?
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Draft the initial 504 plan
Monitor the student’s progress and make any
changes or updates as needed
Provide input on accommodations for tests
like the PSAT and SAT
Provide input on retention decisions
Determine what an appropriate educational
placement for the student is
Section 504 Continuing
Obligations: Manifestations
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A school district must conduct a 504 Manifestation
Determination Review meetings when a student is
out of school for ten or more school days as a result
of a disciplinary offense, or there is a pattern of
removals for shorter periods
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A student cannot be disciplined for their disability
The 504 Manifestation Paperwork is NOT the same as
the Special Education Paperwork
If you are holding a 504 Manifestation, your Building
504 Coordinator should advise the Assistant Director of
Special Education assigned to support your building.
Section 504 Continuing
Obligations: Reevaluations
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A school district should conduct 504 reevaluations
whenever there is a substantial change in the
student’s mental or physical impairment or the
student’s ability to access education
Otherwise, it is appropriate to do reevaluations at
least every three years and as a part of a transition
from elementary to middle school, and a transition
middle school to high school
The school district must notify parents before it
conducts a reevaluation, but it does need not obtain
written consent for a reevaluation
504 Process Flow Chart
1.
Refer the Student:
• Complete Student referral form and return to building Section 504
Coordinator.
2. Decide Whether to Evaluate the student:
• Does the Student Intervention Team know or suspect that, because of a
disability, the student needs special education or related aids or
services to participate in or benefit from school?
• Provide parent or guardian Notice of Action/Consent and Notice of Rights
form.
• Obtain consent for initial evaluation.
504 Process Flow Chart
3. Evaluate the Student:
• Evaluate the specific areas of the student’s educational needs.
• SIT reviews all data made available to it, i.e., District evaluations, parent provided
evaluations, teacher reports, reports cards etc.
4. Determine Student’s Eligibility:
• Review evaluation results and determine eligibility.
• Complete the Eligibility Determination form.
• Provide parents Notice of Action/Consent and Notice of Rights form.
504 Process Flow Chart
5. Develop Section 504 Plan for Student:
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Develop a Section 504 Plan. May combine with eligibility meeting.
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Assign a case manager to monitor implementation and student progress.
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Provide parent or guardian Notice of Action/Consent and Notice of Rights
form and copy of Section 504 Plan.
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Obtain consent for initial placement.
6. Annually Review Student Section 504 Plan:
• Review and revise the student’s Section 504 Plan.
•Review and revise the student’s Section 504 Plan. Provide parent or
guardian Notice of Action/Consent and Notice of Rights form.
Comparison Between
Section 504 and IDEA
IDEA
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A federal funding law designed
to provide funds educate
disabled students
Applies to 3-21 with one of 14
specific disabilities
Parent participation and notices
Consent required for initial and
most re-evaluations
FAPE – delivered by an IEP
(Specially designed education and
appropriate accommodations and
modifications)
Section 504
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A federal civil rights law designed to
eliminate disability discrimination in
all programs and activities that
receive federal funds.
Applies to “school age” children with
physical/mental impairment
substantially limiting a major life
function of functions
Parent participation and notices
Consent required for initial
evaluation
FAPE - delivered by a 504 Plan
(Accommodations and modifications)
Comparison Between
Section 504 and IDEA
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IDEA
Section 504
Re-evaluations every 3 years
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Parents have the ability to seek 
Independent Educational
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Evaluations (IEEs)
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Manifestation Determinations
Enforced by due process
hearings or Citizen’s Complaints
through OSPI or by the federal
Office of Special Education
Programs (OSEP).
Periodic Re-evaluations
No IEEs available
Manifestation Determinations
Enforced by due process hearings
conducted by a hearing officer
appointed by the district or by the
federal Office for Civil Rights (OCR)
Section 504:
School Resources
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Building 504 Coordinator
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A staff member who is designated to coordinate
all Section 504 activities with the school and is
responsible for coordinating all aspects of the
Section 504 referral process
Multidisciplinary Team/Student Intervention
Team
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Responsible for executing Section 504
identification, evaluation, placement, and reviews
at the school
Section 504:
Central Resources
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Jennifer Traufler and the Assistant
Directors of Special Education
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Consultation and Guidance
Central Support Team
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Safety Plans
Student Transfer Issues
Resource Allocation
Section 504:
Written Resources
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Section 504 Manual and Forms –Shared
Documents of Guidance and Counseling
Seattle Public School’s 504 Manual
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Office for Civil Rights
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Questions ?