What is Section 504?

Section 504 of the Americans with Disabilities Act of 1973 is a federal statute, (anti-discrimination law), which protects the rights of individuals with disabilities to equal opportunity in programs, organizations and activities which receive federal funds.

What are eligibility considerations for Section 504 students?

Section 504 is intended to level the playing field for individuals with disabilities.

When the 504 Committee meets to consider eligibility, the committee will determine if the student in question is eligible for protection under Section 504 by answering two questions:

  • Does the student have an impairment or disability?
  • Does this impairment/disability substantially limit a major life activity?

Does the student have an impairment or disability?

When the Section 504 Committee finds that student meets eligibility criteria, a 504 plan will be developed by the committee to incorporate supports and/or accommodations for the student in the classroom, on state and local assessments, and within the school environment. Any behavior support needed can also be considered by the committee. It is important to note that parents are always invited, but not required, members of the Section 504 Committee. It should be noted that students receiving support through Section 504 are not entitled to specially designed instruction of the type that is provided in special education (inclusion or pull-out support from special education staff, or other related services), but they are included in small group Tier I,II, and III instruction, small group intensive support groups and intervention provided in general education, as dictated in their 504 plan.

Does this impairment/disability substantially limit a major life activity?

To support students experiencing academic or behavioral challenges, all school districts and open-enrollment charter schools are required to consider a comprehensive range of interventions. These include tutorial, compensatory, and other academic or behavioral support services available to the general student body, specifically through the Multi-Tiered System of Supports (MTSS) framework. Effective implementation of MTSS enhances a district’s capacity to meet the diverse needs of all learners proactively. 

When a student encounters learning difficulties, parents are encouraged to contact the student’s classroom teacher to inquire about the district’s referral and screening processes. This system is designed to connect students with appropriate interventions, including formal evaluations under Special Education or Section 504, to determine eligibility for specialized aids or accommodations. Please note that parents maintain the right to request a formal evaluation at any time. 

Each school district or charter school must have standards and procedures in place for the evaluation and placement of students in the district’s or charter school’s Section 504 program. Districts and charter schools must also implement a system of procedural safeguards that includes notice, an opportunity for a parent or guardian to examine relevant records, an impartial hearing with an opportunity for participation by the parent or guardian and representation by counsel, and a review procedure.

    Helpful Resources

    TEA Section 504

    Section 504

    Section 504 Notice

    504 Discipline

    Parent & Educator Resource Guide to Section 504