Home > Learning Disabilities & Difficulties > School and learning > Special education and IEPs

National Center for Learning Disablities

Section 504 updated: Greater eligibility and accommodations for students with LD, AD/HD

Learn about recent improvements made to Section 504, a civil rights law that now provides protection and accommodations to even more students with LD and/or AD/HD.

By Kristin Stanberry, Laura Kaloi, MPA

Did you know that, effective January 2009, eligibility for protection under Section 504 of the Rehabilitation Act became broader? Some students who did not qualify for Section 504 in the past, or who were not eligible for services and supports under the Individuals With Disabilities Education Act (IDEA), may now qualify for Section 504 plans. Students with such plans may now qualify for additional supports, services, auxiliary aids and/or accommodations in public schools. For many students with learning disabilities (LD) and/or AD/HD (Attention-Deficit/Hyperactivity Disorder), this is good news! These positive changes are the result of recent amendments to the Americans With Disabilities Act (ADA), a broad civil rights law that also impacts Section 504.

You’ll be especially interested in these developments if:

Why do you need to know about these changes?

While the ADAAA is already in effect, don’t assume your school district fully understands how it applies to Section 504. To advocate effectively for your child, you’ll want to understand:

How the law has changed
How the new law may apply to your child
What steps you can take to ensure your child is properly evaluated and/or accommodated under Section 504.

Your child was evaluated under IDEA but was found ineligible.
Your child was previously evaluated for Section 504 but was found ineligible.
Your child is currently receiving informal accommodations in school.
Your child has a Section 504 plan in place. (If your child has an IEP, he is automatically considered to have a 504 plan.)
Your child needs accommodations on the SAT or ACT.
Your teenager is getting ready to go college.

What’s the connection between Section 504 and the ADA?

What does the ADA Amendments Act of 2008 (ADAAA) have to do with Section 504? Both are civil rights laws that protect individuals with disabilities from discrimination. Section 504 was enacted in 1973 and applies to all programs and activities that receive federal financial assistance. This includes public schools, colleges and universities as well as certain employers, state and local government programs and places of public accommodation (such as public libraries). So the common denominator between Section 504 and the ADAAA related to school-age students is protecting students with disabilities from being discriminated against in public schools.

The ADAAA includes a conforming amendment to Section 504 of the Rehabilitation Act; meaning that the newly expanded coverage under the ADAAA also applies to Section 504. Matt Cohen, an attorney who works on behalf of children with disabilities in disputes with public schools, explains, “Because ADA and 504 are interpreted in parallel, the ADAAA will be applied to the public schools in their interpretation of both the ADAAA and Section 504.”

Page 12 3 4 Single Page

A parent's guide to Section 504 in public schools

Comments from GreatSchools.net readers

11/6/2009:

"my child is on the 504 Plan - is the school required to perform tests WISC and others - a college wants them and the high school says they don't have to do them?"

09/14/2009:

"I found this article to be bittersweet. Disclaimer first-I do work for a school district in the area. I think it is important for parents to continue advocating for children to receive accommodations and special education if it is adversely impacting their education. However, much of this article seemed misinformed. The truth of the matter is, those students who are LD and have IEPs are automatically covered by section 504 protections...and always have been. This is not anything new. To my understanding-only one major life activity needs be affected and learning has been there well before this change was enacted-one only needs to research prior versions of this statute. IDEA and IEPs are mostly about providing specialized instruction as the result of a student being identified with one of 13 educationally disabling conditions in the Part 200 regulations and under IDEA. 504 is a civil rights statute passed in 1973 that provided that accommodations must be in place if an individual has an impairment that manifests a significant life limitation (such as learning) and that limitation would be manifest unless reasonable accommodations are presented (such as extended time to take tests, reducing distractions for ADHD students, etc.) The biggest change that the recent passage has brought on is the mitigating measures-the author here is correct. I also agree with the author that parents who think a disability or impairment is affecting a child, regardless of prior determination, should ask for a reevaluation of their child. IDEA and 504 can be very confusing laws for those not specifically schooled in them. If you have questions-check the Wrightslaw page at http://www.wrightslaw.com and you will likely find many answers that you are looking for."

08/19/2009:

"School wants to declassify 8th grade son from 504 & dyslexic to just dyslexic. Said the district has reviewed their guidelines & doesn't feel he is impaired enough to warrant 504 anymore. Sd the district routinely classified dyslexic & 504 together so there are supposedly LOTS & LOTS of students who w/b declassified this yr. (as if that will make me feel better!!??) Also my son passed the TAKS & his grades were decent A's, B's & C's so the counselor doesn't see the 'need' for the 504.This def affects his learning although his grades in math/eng are 77/84. He receives private tutoring in reading/Math since the summer of 2nd grade. He passed the TAKS reading OK & math barely. Was also told that he does not benefit from 504 anyway so why have the extra label on him..also was told all his accomodations w/b provided to him under his dyslexic label anyways. Please advise what I need to do if anything? How will being or not being 504 in High school/college affect him? "

07/21/2009:

"my son has dyslexia and ADD at low level and i worked for three years for him help. he was special ed tested every year and passed but they dont test for this disability. why i dont understand. after getting him on a list for months he was tested from a outside source we found it. after 3 years of struggle and him repeating 2nd grade ( that he would have not had to if school would have tested for this when i asked in 1st grade. also after he had several friends make fun of him and still will not talk to him.) at the end of this past year he recieved help in time to pass. we are about to start a new year and i'm greatful for all the staff at his school for putting up with me and my driven ways. just goes to show never give up on a child and maybe others in our area will recieve help he is the first in his school. the school and i will continue to work hand and hand. "

07/16/2009:

"My daughter has been on a 504 for 4 years. The school (new school/new district) has requested that we have her re-tested at Children's Hospital Learning Services department to confirm that she still has a LD. Since this is something my insurance only covered once, I hesitate to follow through with this. Is re-evaluation by a medical facility something a school can request? Would they be responsible for the testing fees? It is time for us to review my daughters 504, what, if anything should I tell thethe school? Her original diagnosis is Dyslexia, slow processing speed and low phonemic awareness. Even though we have had remedial intervention (at our expense) and she has shown improvement, she is not cured and still struggles, especially with spelling and writing. I have also been told that once a student is on a 504, that it can never be taken away. The school seems to believe that it can. What is correct? Thank you for your input and advice. Janet Malerich"

07/16/2009:

"While 504 plans are very helpful and necessary, parents should also be aware that accommodations are not a sufficient substitute for actual skills. Some students are given accommodations but not instruction in basic skills which would support their learning and become so wedded to those accommodations that they are in fact hampered by dependence on them. A balance between appropriate instruction and accommodations which allow LD students to fully participate in an intellectual life is a worthwhile goal. "

07/16/2009:

"my son was a classified infant and pre-schooler with a disability...adhd, speech, o/t, p/t... upon entering kindergarten he was declassified in third grade he was found to need accomodations and granted a 504 plan my school distric claims this entitles him o test mods and classroom accomodations but not related services true????????????????????"