Section 504 of the Rehabilitation Act of 1973 (Section 504) is a Federal civil rights law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the United States Department of Education.

Section 504 applies to all public schools and charter schools. Students are protected from discrimination under Section 504 if they have: 1) a physical or mental impairment which substantially limits one or more major life activities; and 2) a record of such impairment or are regarded as having such an impairment.

Not all students protected from discrimination by Section 504 require/are eligible for a Section 504 Accommodation Plan (Section 504 Plan). A Section 504 Plan is for a student with a disability who does not require specially designed instruction but needs accommodations or modifications to receive equal access to their education. If a student has an IEP, they do NOT need a Section 504 Plan.

To qualify for a Section 504 Plan, the Section 504 Team (which includes the parent/guardian) must determine that:

• A physical or mental impairment exists 

• The impairment substantially limits a bodily function or major life activity and, 

• The student needs accommodations/modifications/supports to benefit from their education at a level similar to their non-disabled peers

A parent/guardian can request a Section 504 Plan at any time by submitting a request in writing to the school’s Section 504 Coordinator (who is often the school counselor) and the principal. The parent/guardian should include in the request documentation of the student’s disability (if available) and should keep a copy of the request for their records. 

Resources

Legal Aid of North Carolina Right to Education Project

Legal Aid of North Carolina Right to Education Project’s General Education Interventions and Section 504 Plan Advocacy Toolkit

Legal Aid of North Carolina Right to Education Project’s Parent Advocacy & Support Guide

Council for Children’s Rights First Wednesday Webinar on Section 504 Plans

North Carolina Department of Public Instruction Parent’s Corner, Students with Disabilities

Exceptional Children’s Advocacy Center (ECAC)

U.S. Department of Education Office of Civil Rights-How to File a Discrimination Complaint with the Office of Civil Rights

Disclaimer: The information provided on this website does not constitute legal advice. Instead, all information is provided for general informational purposes only.