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learn what is covered by Section 504 of the Rehabilitation Act of 1973 understand how to file a complaint learn the truth behind common myths about Section 504 Overview In certain situations, a school district may be required to offer support to students with disabilities under a provi sion known as Section 504. “Section 504” refers to Section 504 of the Rehabilitation Act of 1973, a federal law that re quires any person or agency receiving federal money to have policies in place that prohibit discrimination against persons with disabilities. Section 504 concerns more than just education, but the important thing to remember is that Section 504 applies to local school districts. Section 504 can cover things that are also covered by IDEA, as well as a few situations that are not covered by IDEA. Section 504 deals with a much more general con cept of disability than is covered under IDEA. So, if a stu dent has a disabling condition that is not clearly covered under IDEA, Section 504 will probably still cover it. An example is a student who is temporarily disabled by an in jury such as a broken leg. Although the “disability” is not permanent, a school district is still required under Section 504 to provide “accommodation” that will allow the stu dent to have access to the school and its programs while the student remains under the temporary disability of the broken leg. Section 504 may also cover general access is sues such as wheelchair access and other types of physi cal barriers. (These issues also may be covered under the Americans With Disabilities Act of 1990 (the ADA) but it is beyond the scope of this guide to discuss the ADA in detail.) If a student is covered by Section 504, a school district must provide the student with a “504 Plan” that describes what the district will do support the student’s disability and ensure that the student’s disability will not be a bar rier to the student access to school programs (which can include things such as school assemblies, extracurricular activities, etc). It is important to note that a 504 Plan is a much more general document than an IEP and will only contain a basic description of what kinds of support the district will provide to address the disability. If a school district does not provide such support, a parent may �le The text of Section 504 of the Rehabilitation Act of 1973 can be found at 29 USC Sec. 794. Chapter 15: Section 504 of the Rehabilitation Act of 1973 a complaint with the US Department of Education to have the complaint addressed. How to File a 504 Complaint: If a parent has a disagreement with the district’s 504 Plan, a parent may inquire whether the district offers parents the opportunity to participate in “504 hearing”. A 504 hearing is a much less formal process than a due process hearing and may be only an opportunity to discuss the complaint with a school administrator. A school district is not re quired to make a 504 hearing process available to parents. Regardless, a parent who has a complaint about a 504 is sue may still �le a complaint with Of�ce for Civil Rights (OCR) of the US Department of Education. If you wish to �le a 504 complaint in Illinois, you may direct a written complaint to the following address: U.S. Department of Education Oce for Civil Rights 111 N. Canal Street, Suite 1053 Chicago, IL 60606-7204 (312) 886-8434 (312) 353-2540 (TDD) (312) 353-4888 (Fax) OCR.Chicago@ed.gov Your complaint should be as detailed as necessary to de scribe the issues you are experience and the facts about the situation. OCR will conduct the necessary investigation and, if there is a violation of Section 504, order the school district to take the necessary action to correct the situation. Myth #1: 504 Equals IDEA The Myth If a student is eligible under Section 504, it’s the same as being eligible for special education. The Truth If a student is Section 504 eligible (but not eli gible for services as a special education student under IDEA) the student and the family have far fewer protections than in the case of a special education student. For example, the family of a 504 student is not entitled evaluations, IEPs or requesting a due process hearing in the case of a disagreement with the district. Myth #2: Temporary is Not a Disability The Myth Students with temporary conditions (such as a broken leg, or an illness) are not eligible for 504 support. The Truth Section 504 covers both temporary and more long-term conditions. Thus, if a student has a temporary disabling condition due to, for ex ample, an injury or surgery, the district can pro vide the student with a 504 plan to cover the period in which the student’s activity is limited by the temporary condition. Myth #4: 504 and ADHD The Myth A student has been diagnosed with Attention De�cit Hyperactivity Disorder (ADHD). The student should be supported by the district through a 504 Plan. The Truth requires a student with ADHD to be served as a Students with ADHD may be eligible for special education services (IDEA services) under the categories of LD, ED, OHI or other catego ries depending on how the ADHD presents in the school. Parents and district personnel should �rst eligibility categories under IDEA before consider ing Section 504 eligibility. Myth #3: 504 Means IEP The Myth If a student quali�es under Section 504, the district is required to develop an IEP. The Truth Without being eligible under IDEA, a 504 student is not eligible for an IEP. Instead, the student is entitled to receive a “504 Plan”. 504 Plan is usually a much less detailed document than an IEP. Often, the 504 Plan will consist of a short description of accom modations to address the student’s disabil ity. 504 Plans often do not contain things that are usually seen in IEPs such as goals, objec tives, statements of present performance, etc. However, this is not to say that a 504 Plan cannot contain some of the features of an IEP where appropriate. Myth #5: 504 and Refusal of Consent for IDEA Services The Myth A parent has refused to consent to place the student in a special education program (or has revoked consent for ongoing special edu cation services). The district may not provide Section 504 accommodations as a result. The Truth ment of a student in special education does not mean that the student does not have disability for purposes of Section 504. tainly cover conditions that are also covered under In the event a parent refused to consent to place a student in special education (or revokes consent for continuing special education services), the district and the parent may certainly consider de veloping a 504 Plan to provide some support to the student even though the student cannot be placed in