What is a 504 plan?

What is a 504 plan?

The 504 Plan is a plan developed to ensure that a student who has a disability identified under the law and is attending an elementary or secondary school receives accommodations that will ensure their academic success and access to the learning environment. Students can qualify for a 504 plan if they have physical or mental impairments/disability that affects or limits any of their abilities.

To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

Examples of accommodations in 504 plans that can assist a student who has a diabetic alert dog at school with them:

• preferential seating

• extended time on tests and assignments if blood glucose levels are out of target range

• behavior management support

• adjusted class schedules

• excused lateness or ability to leave a few minutes early from class

• pre-approved nurse's office visits and escorted visits to the nurse

• Unrestricted access to water, bathroom, supplies, health care upon request.

• Full-participation in all school-sponsored activities such as field trips and extracurricular events.

Parental approval and involvement is not required for a 504 plan, however parental participation is important for the student's academic success. The 504 team usually consists of parents, the principal, classroom teachers, and other school personnel such as the school nurse, guidance counselor, and psychologist.

Once the plan is developed by the team, all the student's teachers are responsible for implementing the accommodations in the plan, as well as participating in plan reviews. The 504 plan should be reviewed annually to determine if the accommodations are up to date and appropriate, based on the student's needs.

It is important to be aware that the rights of students with disabilities who attend private elementary or secondary schools are not the same as those of students with disabilities who are enrolled in public schools. Students with disabilities who are placed in private schools may not get any services or the same services they would have received in a public school.

The JDRF and The American Diabetes Association both offer additional information on 504 plans.

****This information should not be construed to be formal legal advice. Clients should seek advice from a lawyer for any specific questions or assistance in requesting an accommodation from their school or in appealing a denial of such a request. ****