Section 504 Basics: What Every Parent Should Know
- Accessible Education
- Nov 11
- 4 min read
If your child has a disability that affects their learning or school experience, you've probably heard about Section 504. But what exactly is it, and how can it help your child? This series breaks down the basics every parent should know.
What is Section 504?
Section 504 is a federal civil rights law designed to protect the rights of individuals with disabilities. It's part of the Rehabilitation Act of 1973, a law passed over 50 years ago to prevent discrimination against people with disabilities.
While the Rehabilitation Act was signed in 1973, it took five more years before regulations were put in place to actually enforce it. These implementing regulations were finally signed into law in January 1978 by the Department of Health, Education and Welfare. Today, these regulations create a framework for providing equal access to all students in programs receiving federal financial assistance.
What Does Section 504 Do in Schools?
In the context of public schools, Section 504 does two critical things:
Prohibits discrimination against students with disabilities in any program or activity that receives federal funding from the U.S. Department of Education
Requires schools to provide a Free Appropriate Public Education (FAPE) to each qualified student with a disability
The core principle is simple but powerful: "No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
What is FAPE and Why Does It Matter?
FAPE stands for Free Appropriate Public Education. This means that schools must provide regular or special education and related aids and services that are designed to meet your child's individual educational needs as adequately as the needs of students without disabilities are met.
Think of it this way: if education were a race, the destination (the learning objective) is the same for everyone. Section 504 ensures your child gets custom-fitted running shoes, specialized hydration, or whatever tools they need to run that same race as effectively as everyone else, without changing the finish line.
The keyword here is "appropriate." An appropriate education must be individualized to your child's specific needs, not based on cost, administrative convenience, or generalizations about their disability.
Who Does Section 504 Protect?
Section 504 applies to all public schools, school districts, state educational agencies, and public charter schools that receive federal financial assistance from the U.S. Department of Education. In Texas, this includes virtually all public schools and open-enrollment charter schools.
The Office for Civil Rights (OCR), a component of the U.S. Department of Education, enforces Section 504. In Texas specifically, the OCR Kansas City Office handles Section 504 questions and complaints.
Section 504 and Special Education: What's the Connection?
You may have heard of special education services under IDEA (the Individuals with Disabilities Education Act). While both laws serve students with disabilities, they are different. Section 504 is a civil rights law focused on equal access and non-discrimination, while IDEA is a funding law that provides specially designed instruction.
Many parents wonder which law applies to their child or whether their child can receive services under both laws. We'll explore these questions in detail in an upcoming article dedicated to understanding the differences and similarities between Section 504 and special education.
For now, know this: Section 504 often serves students whose disabilities impact their school experience but who may not need the intensive, specially designed instruction that special education provides.
Section 504 as Your Child's Safety Net
Think of Section 504 as a safety net guaranteeing that every eligible student in a public school who has a substantial disability receives a fair and equal educational experience. The law requires schools to adjust the environment or instruction as needed (through what's called a 504 Plan) to meet your child at the same level of adequacy enjoyed by their peers without disabilities.
This might mean:
Extra time on tests for a student with ADHD
A peanut-free table for a student with severe allergies
Preferential seating for a student with vision or hearing impairments
Access to the nurse's office for diabetes management
Organizational supports for a student with executive functioning challenges
What Section 504 Requires from Schools
Schools have several key obligations under Section 504:
Identify and locate any student who may need services because of a disability (known as "Child Find")
Evaluate students at no cost to parents when there's reason to believe they need services
Provide needed services and accommodations through regular or special education
Educate students with disabilities alongside their peers without disabilities to the maximum extent appropriate
Follow fair procedures for discipline when behavior may be related to a disability
Establish procedural safeguards so parents can challenge school decisions
The Bottom Line
Section 504 is a powerful civil rights law that ensures your child with a disability has equal access to educational opportunities. It prohibits discrimination and requires schools to provide the services and accommodations your child needs to succeed.
Understanding Section 504 is the first step in advocating effectively for your child. In the articles that follow, we'll dive deeper into eligibility, how Section 504 compares to special education, the evaluation process, what a 504 Plan includes, your rights as a parent, and how to navigate challenges that may arise.
Remember: Section 504 isn't about giving your child an advantage. It's about leveling the playing field so that a disability doesn't become a barrier to receiving the same quality education as every other student.
Next in this series: Does My Child Qualify? Understanding Section 504 Eligibility
Still Have Questions About What Section 504 Really Means for Your Child?
A Section 504 advocate can help you understand your rights and your school’s responsibilities. Learn more about our Special Education and Section 504 Advocacy Services or request a free consultation.
