Who Qualifies for a 504 Plan? | The IEP Attorney
As an experienced Special Education attorney and a parent of a child with learning disabilities, I understand the importance of ensuring that children with disabilities have equal access to education. Sometimes your child’s needs don’t rise to the level of an IEP. One way to help them is through a 504 Accommodation Plan, commonly referred to as a “504 Plan.” In this article, I will provide you with a detailed understanding of who qualifies for a 504 Plan, the key terms involved, some examples, and how to get one.
Who Qualifies for a 504 Plan?
To determine if your child qualifies for a 504 Plan, we must first understand the criteria set forth by Section 504 of the Rehabilitation Act of 1973. An “individual with a disability” under Section 504 is broadly defined as:
- Having a Physical or Mental Impairment: This includes a wide range of conditions such as neurological, musculoskeletal, sensory, cardiovascular, mental, or psychological disorders, and specific learning disabilities. The list is not exhaustive, and determinations are made on a case-by-case basis.
- Substantially Limits a Major Life Activity: The term “substantially limits” is not precisely defined, but it is assessed on an individual basis. Various sources, including doctors, teachers, and family members, contribute to this determination.
- Major Life Activity: Congress provides examples of major life activities, including caring for oneself, seeing, hearing, eating, sleeping, walking, communicating, and more. Importantly, “learning” is recognized as a major life activity. Even if a child gets good grades, they may still qualify for a 504 Plan if their disability substantially limits them in another major life activity at school.
504 Plan Examples
Let’s consider a few examples of situations where a child might qualify for a 504 Plan:
- ADHD: A child with Attention Deficit Hyperactivity Disorder (ADHD) may qualify if their condition substantially limits their ability to concentrate and focus in the classroom.
- Autism Spectrum Disorder: A child on the autism spectrum might qualify if their condition significantly affects their ability to communicate and interact with others.
- Dyslexia: A child with dyslexia could qualify if their reading disability substantially limits their ability to learn effectively compared to their peers.
How to Get a 504 Plan
Getting a 504 Plan for your child involves several steps:
- Identify the Need: If you suspect your child may qualify, reach out to your child’s school to express your concerns and request an evaluation.
- Evaluation: The school will assemble a team of knowledgeable individuals to assess your child’s condition and determine if it substantially limits their major life activities.
- Developing the Plan: If your child qualifies, the school will create a 504 Plan tailored to their specific needs. This plan outlines the accommodations and services your child will receive to ensure equal access to education.
- Implementation and Review: The school will put the plan into action and periodically review its effectiveness.
Frequently Asked Questions
Q1: Can my child have both a 504 Plan and an Individualized Education Program (IEP)?
A1: Yes, it is possible for a child to have both, but they serve different purposes. A 504 Plan provides accommodations to ensure equal access, while an IEP offers specialized services for children with more significant educational disabilities.
Q2: Can my child qualify for a 504 Plan if they have good grades?
A2: Yes, academic performance is not the sole criteria for a 504 Plan. If your child’s disability substantially limits any major life activity, they may qualify.
In conclusion, Section 504 covers a wide range of students with disabilities, providing a path to equal access to education. Understanding who qualifies for a 504 Plan is essential for parents and caregivers advocating for their child’s educational needs. Remember, individual assessments are crucial, and if you have any questions or concerns, consult with your child’s school and seek legal advice if necessary.
For more information and resources on this topic, please visit the U.S. Department of Education’s Section 504 website.
Originally published at https://iep-attorney.com on October 8, 2023.