by Tami Joia

Created on: September 19, 2009

504 is a discrimination law, Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal funds. Section 504 provides that: 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 . . .

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This means that a school district cannot violate civil rights on the basis of disability under this act. However, it also means that to prove a violation under this act a parent would have to prove that the actions of the school were discriminatory because the student has a disability. Make no mistake; this is a very difficult thing to prove. Additionally, if a student is on a 504 and is receiving Accommodations, there is no way to enforce the implementation by the teachers.

There are some children that could benefit from a 504, however, one must consider the definition of a disability which can be found under the federal regulations 300.8(a) and include such disabilities as, Autism, Social/Emotional Disturbance, Hearing Impaired, Mental Retardation, Multiple Disabilities, etc. If a child suffers from a disability that adversely impacts their education consistently over a long period of time, then an IEP may be more appropriate. A 504 does not offer the same protections that an IEP will and it does not provide goals and objectives to meet in a year's time. A 504 provides Support to a child with a disability. For instance, some children diagnosed with ADHD, could benefit from a 504. Their accommodations could include; extra time to complete assignments, modified assignments, 1,2 3, step instructions, clear and concise instructions, preferential seating, etc. All of which can be included in an IEP under Accommadations. However, many children with ADHD, need more help because of their short attention span or hyperactivity and impulsivity, they may need a behavior plan to decrease inappropriate behaviors such as blurting out information, moving about the classroom, staying focused on the task, completing homework and class work assignments, organizational skills and sometimes social skills. The differences between a 504 and an IEP is that the IEP incorporates the 504 laws as well as creating a clear and concise plan to reach measurable annual goals based

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