§504 Rehabilitation Act of 1973, 29 USC §794

Section 504 of the Rehabilitation Act of 1973 provides protection for students with disabilities in schools that receive Federal financial assistance. Students cannot be excluded from participation in programs or activities, denied the benefits of programs or activities, or be discriminated against solely based upon their disability. Programs or activities include all of the operations of a college, university, post-secondary institution, public system of higher education, a local educational agency (public school district), system of vocational education or other school system.

Disability includes a physical or mental impairment that limits one or more major life activity, there must either be a record of the impairment or the person must be regarding as having the impairment. Major life activities include, but are not limited to, speaking, breathing, and learning.

The Office of Civil Rights enforces the provisions of the Rehabilitation Act of 1973 to insure that schools provide students with disabilities appropriate educational services designed to meet their individual needs to the same extent as it meets the needs of students without disabilities.

If a child qualifies under Section 504, a 504 plan is created that provides accommodations or supports to assist a child with a disability to succeed in the general education classroom. The 504 plan is not required to be a written document. The definition of disability is broader than under the Individuals With Disabilities Education Act; therefore, a child who does not qualify for special education services under the IDEA may qualify for accommodations or modifications under Section 504.

Some typical 504 accommodations or modifications include:

• Separate area for tasks requiring focus such as test taking;

• Adapt physical education activities;

• Extended time for school work and tests;

• Change seating;

• Provide sensory breaks;

• Provide written homework assignments;

• Provide notes before class;

• Provide teaching in study skills and test taking;

• Reading tests out loud;

• Use of audio books;

• Use multi-sensory techniques in presenting lesson; and,

• Homework and test modification.

An accommodation alters the academic setting or environment in some way, but does not change the content of classwork. A modification alters the classwork required in such a way that it differs in substance from the work required of other students in the same class. The accommodations and modifications are determined based on what each individual child requires as a result of their disability.

- Short History of the 504 Sit In, Kitty Cone.