Ashtabula Area City Schools

Section 504

Section 504 of the Rehabilitation Act of 1973 (commonly referred to as “Section 504") prohibits discrimination against students on the basis of disability. This Manual contains information, guidelines, policies, procedures, and forms to achieve compliance with Section 504 with respect to the education of the District's students, in a manner consistent with the District's non-discrimination policies.

WHAT IS SECTION 504?

Section 504 is a federal law which prohibits discrimination against persons with disabilities. The law provides:

“No otherwise qualified individual with a disability. . . 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. . . .” 29 USC § 794

One of the principal purposes of Section 504 is to ensure that students with disabilities are not denied access to educational facilities, programs, and opportunities on the basis of their disability.

For a student to have a disability which may be protected under this law, he or she must: (1) have a mental or physical impairment, (2) which substantially limits, (3) one or more major life activities. For a student to be considered an "eligible student" under Section 504, all three criteria must be fulfilled.

Section 504 requires the District to provide a free appropriate public education ("FAPE") to each eligible student who has a physical or mental impairment which substantially limits a major life activity.

Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of non-disabled students are met and in accordance with Section 504 requirements pertaining to educational setting, evaluation, placement, and procedural safeguards.

WHAT IS THE DIFFERENCE BETWEEN AN IEP AND A 504?

The definition of a disability is much broader under Section 504 than under the Individuals with Disabilities Education Act (IDEA). Under IDEA, an Individualized Education Plan (IEP) is developed, and must be tailored to the child's unique needs. It must result in educational benefit; that is, specially designed instruction that your child needs to access the curriculum, as well as, any accommodations or additional services that may need to be included.

A Section “504 Plan” provides accommodations based on the child's disability and resulting weaknesses, it does not provide specially-designed instruction.

If you are not sure which option is best for your child please contact the Student Services Department for more information.