Information on
Section 504 of the Rehabilitation Act of 1973

Dear CAN: My son has ADHD (Attention Deficit Hyperactivity Disorder) and has been tested at school for special education, but does not qualify for services. He is in desperate need of extra help, but I feel my hands are tied. Is there anything that I can do to help him be more successful in school? M.B. 

Dear M.B.: Yes, there are alternative methods to special education in helping students with disabilities. Section 504 of the Rehabilitation Act of 1973, a Civil Rights Act, protects the rights of all handicapped students. ADD/ADHD is considered a handicapping condition, as it impairs one of life's major activities (learning). Under Section 504, a student can receive modifications within the regular classroom setting. A specific plan can be drawn up, known as a "504 plan", which includes: information on how a student learns best; when the student has the most difficulty learning; and objectives for meeting the student's needs.. A lot to remember? Contact your school district's 504 coordinator, whose phone number your principal should have. It might be the best phone call you can make this school year. Thanks for your question! 

Mary Anne Fleury, M.A.

So, What is 504?

Section 504 of the Rehabilitation Act of 1973 is more than a boring legislative document. To many parents, it is the lifesaver in the sea of drowning educational issues. Exactly what is it, who does it cover, how is it implemented, and who regulates it?

Section 504 is a civil rights act which protects the rights of persons with disabilities. Basically, it states that a qualified person with a disability cannot be excluded from any program which receives federal financial assistance.

Remember when places became handicapped accessible? I remember (when I was a teenager) buildings installing ramps, towns cutting the curbs, and those great big rest rooms we could go in and dance around! All of that was a result of the implementation of 504, which took place around 1977.

In 1973, Congress also required that school districts make their programs and activities accessible and usable to all individuals with disabilities.

In the last few years, the Office of Civil Rights has further defined the term, "access". Not only does the term mean physical access, but it also means educational access. A student may now require special accommodations such as the modification of assignments in order to benefit from his or her education.

SO, WHO IS COVERED?

Any person with a disability. For a student to qualify for an educational plan under Section 504, one of the major life activities has to be hindered.

The Major Life Activities are:

~CARING FOR ONE'S SELF ~LEARNING

~WALKING ~SEEING

~HEARING ~SPEAKING

~BREATHING ~WORKING

~PERFORMING MANUAL TASKS

A medical diagnosis of Attention Deficit Disorder qualifies a child for services under Section 504, as learning is typically impaired in ADD children. (Other major life activities may also be impaired by Attention Deficit Disorder)

SO, HOW IS 504 IMPLEMENTED?

Section 504 is implemented through regular education. It does NOT fall within the jurisdiction of special education.

Each school sets up their own 504 plans. A written plan is created by a team of educators, parents, and possibly administrators. The written plan includes information about the student's disability, how the student learns best, when the student has the most difficulty learning, and other important data about the way the student learns.

The written 504 plan also includes goals and objectives to meet the individual learning needs of the student. Accommodations for assignments are usually included within this plan.

~Request a follow-up meeting with the school and staff to discuss concerns.

~Meet with the school's 504 coordinator.

~File a 504 grievance with the school.

~Request mediation or an impartial due process hearing.

~File a complaint with the Office of Civil Rights.

Seek out that Common Ground!

I always recommend that parents first seek out a "common ground" with the professionals working with their children BEFORE filing grievances. This helps all involved, especially the child. Positive communication benefits children better than feuding.

See future issues of The Colorado Advisory Network's Parentline for ways to work with professionals.

Compiled by Mary Anne Fleury, M.A. The source of information used for this area was the Parent Guide to Section 504 of the Rehabilitation Act of 1973, Colorado Department of Education, June, 1995.