Section 504 Plans

A Section 504 Plan is a legal document to protect students with disabilities (Department of Health and Human Services, 2006). Basically a 504 will slip into place when a child with a disability like Attention Deficit Disorder does not qualify for Special Education Services under the Individual Disability Education Act (IDEA), but still needs accommodations in order to achieve in the class room. That's a mouthful! Let's break that down into small bites.

To begin, a 504 Plan is a legal document that is part of the Rehabilitation Act of 1973. It's a law that ensures that a child with a disability has equal access to a public education (Wrightslaw 2010). Under Section 504 the child may receive accommodations and modifications, but does not require the school to provide an Individual Education Program (IEP).

There are several scenarios in which a 504 Plan is the best avenue for a child with a disability. One example is that your child has a learning disability, but does not meet the requirements for special education services. Under Section 504 the child's education does not have to be adversely affected. In other words if a child has a disability and is continually struggling (not failing) then a 504 Plan might be the road to embark on. This particular scenario usually happens when the school's team has met and informed you that your child does not qualify for an individual education program (IEP). At this point someone on the team might suggest a 504 Plan, but if they don't you must be your child's advocate and ASK for a 504 Plan. If your child has a disability and needs accommodations and modifications in order to achieve in school to the best of their ability, then by law the school must comply.

A second reason to embark on a 504 Plan is that your child qualifies for special education services, but you may not want your child in special education for personal choice, but your child needs accommodations or modifications to be successful in the mainstream classes, then by all means begin with a 504 Plan. This will put into place a legal document in which the teachers must comply with the accommodations outlined, but your child will not receive special education services from a special education teacher nor have an active IEP (Council for Exceptional Children 2002)
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One note of caution here; you will have to inform new teachers of your child's Section 504 Plan. Yes, the school normally provides the teacher a copy, but I would not count on it. I would have several copies of the plan made and every time your child has a new teacher hand them one! This says, "I know my child's rights and I want them implemented."

In either scenario, if your child continues to struggle I highly recommend re-looking into special education and having a re-evaluation at the appropriate time. Remember that if you disagree with the school's findings you have the option to an independent evaluation at no expense to you.

References:
Council for Exceptional Children. (2002). Understanding the Differences Between IDEA and Section 504. Retrieved from:
http://www.ldonline.org/article/Understanding_the_Differences_Between_IDEA_and_Section_504

Department of Health and Human Services.(2006). Your Rights Under Section 504 of the Rehabilitation Act. Retrieved from: http://www.hhs.gov/ocr/civilrights/resources/factsheets/504.pdf

Wrightslaw. (2010). Discrimination: Section 504 and ADA. Retrieved from: http://www.wrightslaw.com/info/sec504.index.htm