Accommodating Students in Regular Education — Section 504

By: MPRRC Staff

For many years, schools thought their main obligation as ensuring physical access to public buildings (e.g., ramps were installed, curbs were cut, elevators were added to multilevel buildings, restroom stalls were enlarged).  With passage of the Vocational Rehabilitation Act of 1973, Congress required that schools make their programs and activities accessible and usable to all individuals with disabilities.

Within the last several years, the Office for Civil Rights ()CR) has become active in assisting schools in further defining “access.” The definition of access means more than physical access; a student may require special accommodations, such as modified assignments in order to benefit from his/her education.

Section 504 is the part of the Vocational Rehabilitation Act of 1973 that applies to individuals with disabilities. It is a law that protects the civil rights of persons with disabilities. Section 504 is a nondiscrimination law, prohibiting discrimination based solely on a person’s disability.  Section 504 is a possible service option for children with disabilities especially when other special education services are not required.

A student is eligible for accommodations under Section 504 if the student has a mental or physical impairment that substantially limits one or more of a student’s major life activities that impacts education. An evaluation by the school team or other individuals who are familiar with the child and knowledgeable about the disability is required to determine eligibility and the services that are needed. If it is determined that a student is disabled under Section 504, the school must develop and implement all needed accommodations agreed by the Section 504 committee which includes the parent.

Many students eligible for Section 504 accommodations have special health care needs; conditions could include asthma, Tourettes syndrome, attention deficit disorder (ADHD), heart malfunctions, communicable diseases, urinary conditions, blood disorders, chronic fatigue syndrome, school phobia, respiratory conditions, epilepsy, cancer, birth defects, or tuberculosis. Other students may be eligible for Section 504 accommodations because of a physical disability, or a sensory disability such as a vision or hearing impairment.

Accommodations are made by the classroom teacher(s) and other school staff to help students benefit from their educational program and have full access to the regular classroom curriculum. A written plan should be developed by the team considering the different activities that the child participates in throughout the day to ensure that appropriate accommodations are planned and carried out consistently.

Some examples of accommodations include the following:

• Allow extra time to complete assignments and tests
• Modify assignments and tests.
• Provide an extra set of text books for home.
• Adjust student seating.
• Provide preferential seating.
• Use study guides and organizing tools.
• Provide a peer tutor/helper.
• Provide school counseling.
• Provide health care services.
• Modify recess/PE/transportation
  

It must be emphasized that Section 504 falls under the management responsibility of the general education program. An appropriate education for students eligible under Section 504 usually consists of education in general classes with accommodations and programs designed to meet their unique needs. The school staff and parents need to work in collaboration to help guarantee that the student is provided with the necessary accommodations.