What Section 504 Covers
Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability by any program or activity receiving federal financial assistance. That reaches public schools, most colleges, hospitals and many other institutions.
It defines disability broadly as a physical or mental impairment substantially limiting a major life activity, which is why many students qualify under Section 504 without qualifying for special education.
504 plan and IEP are different things
A 504 plan provides accommodations so a student can access the same education as peers. An IEP under the Individuals with Disabilities Education Act provides specialised instruction and services. A student may qualify for one, both or neither, and the eligibility criteria differ.
The Accommodation Process
Schools must identify and evaluate students who may need accommodations, and provide them where an impairment substantially limits a major life activity. Common accommodations include extended time, preferential seating, adjusted assignments and access to medication or equipment.
Parents can request an evaluation in writing, participate in eligibility decisions, review records, and challenge decisions through an impartial hearing. These procedural rights are the practical mechanism for enforcing the substantive ones.
Enforcement Routes
Complaints can be filed with the Office for Civil Rights at the Department of Education, which investigates without cost to the complainant and can require corrective action. There is a filing deadline, commonly 180 days from the discriminatory act.
Court claims are also available, and unlike some routes may allow damages where intentional discrimination is shown. Courts frequently require administrative remedies to be exhausted first where the substance of the claim concerns educational services.
Put every request in writing
A written request for evaluation or accommodation starts timelines and creates the record any complaint depends on. Verbal conversations with a teacher or administrator generally do not trigger the procedural obligations that a written request does.
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Section 504 Lawsuits: Disability Discrimination in Federally Funded Programs: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What is Section 504?
A federal law prohibiting disability discrimination by any program receiving federal funding, including public schools, most colleges and hospitals.
How does a 504 plan differ from an IEP?
A 504 plan provides accommodations for equal access. An IEP provides specialised instruction and services under a different statute with different eligibility criteria.
Who qualifies under Section 504?
Anyone with a physical or mental impairment substantially limiting a major life activity, a broader standard than special education eligibility.
How do I request accommodations?
In writing to the school, which starts required timelines and creates the record. Verbal requests generally do not trigger the same procedural obligations.
Where do I complain?
The Office for Civil Rights at the Department of Education investigates free of charge, commonly within 180 days of the act, and court claims may also be available.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.