Opening the School Door to Section 504
School services for children with disabilities who don't need special education

By Randy Chapman

Brenda should have been excited. Her daughter Jessica had just turned five and would be starting kindergarten this fall. She couldn't wait to go to school. But Jessica had recently been diagnosed with diabetes. The diabetes needed managing: she needed insulin administered and her blood glucose and diet had to be monitored. As she got older, Jessica would be able to manage the diabetes herself, but now she was just too young. Brenda knew that kids with disabilities were entitled to special services, but her daughter had an illness, not a disability. She certainly didn't need special education. Was there anything Brenda could get the school to do?

Brenda called Ms. Otero the school principal. Ms. Otero said she understood Brenda's concern, but told her not to worry. While Jessica may not need special education, her diabetes might be a disability under another law called Section 504, and they could develop something called a Section 504 Plan. The plan could include a health care plan that outlined how Brenda, Jessica, and the school staff would manage the diabetes. The school may not have a nurse, but the plan could include having a nurse train other school staff in how to monitor glucose and administer insulin.

Schools and Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act does not require that a child need special education to have a disability. It protects people with disabilities, children and adults, from discrimination based on their disability. They prohibit discrimination in employment, public schools and access to services. This means that schools must provide services to meet the individual needs of students with disabilities as adequately as the schools meet the needs of students without disabilities. In the above scenario, Jessica would likely be entitled to the services she needs to manage her diabetes, even though she does not need special education services.

The following are questions and answers regarding Section 504 and the public schools:

1. What is a Section 504 Plan?

This is a plan developed by a team of people, including the parents, who know about the student's needs and who know about serving students with disabilities. It will document the student's disability and outline the services the school will provide to ensure the student has equal access to the school program.

In Jessica's scenario, her Section 504 Plan also includes a plan to train appropriate school staff in a basic understanding of diabetes, Jessica's diabetes related needs, how to identify medical emergencies, and who to contact in case of an emergency. While in this scenario Jessica is just starting kindergarten, as she gets older she may be going on field trips or participating in sports or other extracurricular activities. As those needs arise, her plan should be updated accordingly.

2. What is a disability under Section 504?

Students who have illnesses such as allergies, cancer, heart disease, high blood pressure, ulcers, kidney and liver disease, epilepsy, HIV/AIDS, or diabetes, would be covered under Section 504. This is true whether or not they need special education. Additionally, children who have physical impairments such as a limp, paralysis, arthritis, hearing loss, and visual impairments would also be eligible for services under the plan. Also included are students with learning disabilities, attention deficit disorder, traumatic brain injuries, speech impairments and mental illness.

3. Who do parents contact if they have questions about getting Section 504 services for their child?

Complying with Section 504 is a general education responsibility just like complying with other federal laws prohibiting discrimination based on race, religion, or ethnic origin. Section 504 requires that school districts identify a "Section 504 Coordinator." Parents should contact the school administration to find out who the "Section 504 Coordinator" is in their school district.

4. How is Section 504 eligibility determined?

Parents can contact the school staff to begin the Section 504 evaluation process. First, the school will evaluate the child based upon the child's needs. The evaluation information will then be reviewed to determine if the student has a disability.

The eligibility for the services is determined by a group of individuals, who know about the child's needs, what the evaluation information means, and about services for students with disabilities.

5. If a student has a Section 504 disability, what services must the school provide?

The school must meet the needs of the student with a disability as adequately as the school meets the needs of students without disabilities. It doesn't require that schools lower standards for the students by changing the instructional level, content, or performance criteria. It requires that schools provide students with disabilities an equal opportunity to demonstrate their knowledge and skills.

Thus, a student who is blind might be entitled to a Braille copy of a test and extra time to take the test. But the content of the test is the same as the test provided to students without disabilities.

6. Do parents have any rights in the process to determine eligibility for Section 504 Services or in how services are provided?

Parents have the right to a hearing if they disagree with how the school is providing Section 504 services. They should contact their school district or state Department of Education for information about that process. Parents may also file a complaint with the federal Office for Civil Rights (OCR). Information about how to file a complaint or more information about Section 504 and the ADA can be found at the Office for Civil Rights website at www.ed.gov/ocr.

Section 504 is a civil rights law, ensuring that students with disabilities have equal access to public education. It is not a special education law; therefore a student can have a disability under Section 504 and not need special education. It was important for Jessica to have this plan to ensure her safety. With a little time spent identifying what she needs, then planning and coordinating how to meet those needs, she'll do just fine.

About the Author

Randy Chapman is the Director of Legal Services at The Legal Center for People with Disabilities and Older People, Colorado's Protection and Advocacy System. He is the author of three books, including The Everyday Guide to Special Education Law, (The Legal Center 2005). For 29 years, he has been promoting and protecting the rights of people with disabilities. He can be reached at www.thelegalcenter.org or 1-800-288-1376.