An Overview of Section 504

How can my student become eligible for 504 services?

Districts are required to identify students who may have disabilities and evaluate whether they need extra support in order to receive a meaningful education. The evaluation must be done at no cost to the student. As under IDEA, districts must use valid assessment tools, administered by trained people. The evaluation tools must also be tailored to test specific needs and accurately reflect the student’s abilities. Unlike IDEA, there are no specific timelines for the district to finish an evaluation.

Is parental consent required for evaluation under Section 504?

Yes. The regulations under Section 504 do not provide explicit rules regarding ‘consent for evaluation.’ The Federal Office of Civil Rights (OCR) has issued guidance for this area that relies on the framework created by the related ‘consent’ provisions of the IDEA. This means school districts to implement Section 504 in accordance with OCR guidelines, they must obtain parental consent for an initial evaluation. Similarly, if a parent withholds consent, a school district may use due process hearing procedures to try and override a parents’ denial of consent for an initial evaluation. In addition, if a parent revokes consent under IDEA, the parent is also revoking consent under Section 504.

Can I revoke consent for some services and not other services under the IDEA or Section 504?

Section 504 does not have regulations that address revoking parental consent, so we look to language under the IDEA to provide guidance for both federal laws. The IDEA regulations state that if a parent revokes consent after the initial provision of services, the school district is no longer responsible for providing a free and appropriate public education to the student or to develop an IEP. This also means that the district is no longer responsible for services under Section 504.

However, it should be considered a different matter when a parent is not revoking consent, but rather refusing to consent to some services offered by a school district that they disagree with. Section 300.300 (b)(3) of the federal regulations state: “A public agency may not use a parent's refusal to consent to one service or activity under paragraphs (a), (b), (c) or (d)(2) of this section to deny the parent or child any other service, benefit, or activity of the public agency, except as required by this part.”

How often does the district have to reevaluate my student?

Section 504 requires periodic reevaluation of students with disabilities. The law does not state clearly how often, except that evaluating at least once every 3 years (like under IDEA) would satisfy this requirement.

Like IDEA, Section 504 also requires a reevaluation whenever the district proposes to make significant changes to a student’s program.

Does the district have to develop a plan for my student?

Section 504 requires a plan for meeting the student’s special needs, but it doesn’t require that the plan be written.

The Office of the Superintendent of Public Instruction (OSPI) recommends that districts have written plans, even if it is not as detailed as an IEP.

Who develops the 504 plan?

There is no clear guidance in the law about who specifically should be involved in the development of the 504 plan. Section 504 does say that decisions about placement and services must be made by a group of people who knows the student, understands the evaluation data, and knows about support available within the district. You can ask to be on the 504 team and share your information about your student’s strengths and needs.