The definition of a “student with a disability” under Section 504 is different from the IDEA definition, although there is overlap between them. To be eligible under Section 504, a child must have or be regarded as having a physical or mental impairment that substantially limits one or more major life activity.1  A physical and mental impairment is defined broadly as:

(A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito‑urinary; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.2

This is not intended to be an exhaustive list of specific diseases and conditions that may constitute a physical or mental impairment. While a medical diagnosis or diagnoses is helpful to show that a student has a physical or mental impairment, Section 504 does not require a medical diagnosis for a student to qualify for services. As a result, a school district cannot require that a student have a medical assessment in order to qualify under Section 504.3

A physical or mental impairment by itself is not enough; the impairment must also substantially limit one or more of a student’s major life activities, which can include walking, seeing, hearing, speaking, breathing, eating, learning, reading, concentrating, thinking, communicating, working, caring for oneself, and performing manual tasks.4  Again, this list is not exhaustive. While learning is a major life activity, schools must consider how a student’s impairment affects any major life activity, not merely the ability to learn.5  This can be an important as schools commonly cite a student’s passing grades or scores on standardized tests as indications that the student is learning and therefore does not qualify for a 504 Plan. To that end, OCR has made it clear that a child may have a disability and be eligible for Section 504 services even if the child is succeeding academically.6

• 129 U.S.C. § 705(9)(B), (20)(B). A student can also be eligible under Section 504 if the student has a record of a physical or mental impairment. 29 U.S.C. § 705(20)(B).
• 2See 34 C.F.R. § 104.3(j)(2)(i).
• 3If the district determines that medical assessment is necessary in order to determine whether a child is eligible under Section 504, the school district is responsible for paying for the assessment.
• 4See 34 C.F.R. § 104.3(j)(2)(ii). Major life activities also include all major bodily functions, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. 42 U.S.C. § 12102(2)(B).
• 5See Off. for Civ. Rts., U.S. Dep’t of Educ., Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools 5 (2016).
• 6Id.

Both Section 504 and IDEA are laws with the purpose of protecting the rights of students with disabilities in public education systems and schools. However, because Section 504 defines disability much more broadly than IDEA,1  Section 504 protects many students who are not eligible for special education services under the IDEA. In fact, some students who are referred for IDEA evaluations but do not meet the eligibility criteria may still qualify for services under Section 504. Importantly, all students who receive special education services under IDEA are also automatically covered under Section 504. However, not all students who qualify under Section 504 are eligible under the IDEA.

When a student is protected by both the IDEA and Section 504, the student will almost always have an IEP and not a 504 Plan as an IEP can include the accommodations and modifications that a 504 Plan would, plus specialized instruction and other important services and protections.

• 1For the IDEA’s 13 categories of disabilities, see Section 4.2.1.

Similar to the IDEA’s Child Find duty, Section 504 also requires school districts to evaluate students suspected of having a disability and being in need of accommodations.1  Additionally, parents can request an evaluation if they suspect their child may have a disability. This request does not have to be in writing, but best practice is to make the request in writing to document it in case a dispute arises later.2  The law does not require that the request be submitted to a specific person, but it can be helpful to copy the request to multiple school officials, including officials responsible for 504 evaluations at both the school and district level, such as the district and/or school 504 Coordinator, the chair of the School Building Level Committee (SBLC) at the school, and/or the school principal.

Before initiating a 504 evaluation, the school district must get the parent’s consent.3  Unlike the IDEA, Section 504 does not lay out specific evaluation procedures, timelines, or assessments,4  but school districts do have to establish evaluation standards and procedures. Under the Section 504 regulations, a school district must evaluate the child in all suspected areas of need and all tests and other evaluation materials used must be administered by trained personnel, be validated for the specific purpose for which they are used, and draw upon information from a variety of sources.5  The information sources relevant to a 504 evaluation include aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior.6  This also includes information from non-school sources, such as medical or mental health diagnoses. The evaluation procedures school districts adopt must ensure that information obtained from all such sources is documented and carefully considered and that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options.7  School districts may but do not have to use the same evaluation procedures for 504 Plan eligibility that they use to determine eligibility for special education.8

After a student is found eligible, Section 504 requires that school districts conduct periodic reevaluations of students with disabilities, but does not specify how often.9  In Louisiana, school districts follow the same three-year reevaluation timeline set out in the IDEA. Additionally, Section 504 requires a reevaluation before any significant change in placement, including exclusionary discipline of more than 10 school days.10  OCR also considers the transfer of a student from one type of program to another, such as moving a student from a general education class to a self-contained special education class or terminating or significantly reducing a related service, to be a significant change in placement.11

• 134 C.F.R. § 104.35(a).
• 2Requesting an evaluation via email is an easy way of preserving a record of the evaluation request.
• 3U.S. Dep’t of Educ., Off. for Civ. Rts., Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools 19 (2016).
• 4If a student who undergoes an evaluation under the IDEA is found ineligible under the IDEA, the IDEA evaluation may be used to qualify the student under Section 504 if eligibility criteria are met.
• 534 C.F.R. § 104.35(b).
• 6Id. § 104.35(c).
• 7Id.
• 8In practice, 504 evaluations often merely consist of a one-page document listing the student’s medical diagnoses, grades, and/or standardized test scores. If a parent is seeking thorough academic, cognitive, and/or behavioral testing, it may be helpful to request a special education evaluation under IDEA as discussed in Section 4.2.3. Even if the student does not qualify under IDEA, the testing done in the evaluation may qualify them under Section 504.
• 934 C.F.R. § 104.35(d).
• 10Id. § 104.35(a). For a further discussion of disciplinary protections under Section 504, see Section 8.5.
• 11U.S. Dep’t of Educ., Off. for Civ. Rts., Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools 22–23 (2016).

Once a student is determined to be eligible under Section 504, the school district must provide a “free appropriate public education” (FAPE) to that student regardless of the nature or severity of the student’s disability. 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 nondisabled students are met.1

A group of people knowledgeable about the student, commonly referred to as the “504 Team,” meet to determine what accommodations and services the student needs in order to meet the student’s individual educational needs. While Section 504 does not explicitly require that a parent be part of the team making these decisions, it is considered best practice to invite parents and encourage them to participate in 504 Team meetings.

While Section 504 does not explicitly require a written plan to document the provision of FAPE to an individual student (unlike the IDEA requirement of an IEP), Louisiana schools are required to create a written plan referred to as an Individual Accommodation Plan (“IAP”) or, more commonly, a “504 Plan.”2  The 504 Plan should outline all the modifications, accommodations, and specialized services that will be provided to help a student learn and participate in school activities. Examples of common accommodations and services include extended time, preferential seating, extra breaks throughout the day, separate setting for tests, access to audiobooks, large-print texts, calculators, tutors, note-takers, one-on-one aides, assistive technology, counseling services, speech therapy, and occupational therapy. This list is not exhaustive, and all accommodations and services must be individualized to the student’s specific needs. While in theory a 504 Plan could include any accommodation or service needed to provide FAPE, the 504 Plan form used in Louisiana is really just check-boxes of standard accommodations such as some of the ones listed above. Additionally, unlike an IEP, the form does not contain sections to put detailed information about the child nor does it contain goals or mechanisms for measuring student progress.

Finally, as under the IDEA, students with disabilities under Section 504 must be educated with their non-disabled peers to the maximum extent appropriate.3  Section 504 regulations explicitly state that a student with a disability must be placed in the general education setting unless the school district can demonstrate that educating the student with a disability “in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily.”4  Placement is determined by the 504 Team.

• 134 C.F.R. § 104.33(b)(1).
• 2A blank Individualized Accommodation Plan (or 504 Plan) template is available on the LDE’s website. La. Dep’t of Educ., Section 504 Individual Accommodation Plan (June 14, 2019).
• 334 C.F.R. § 104.34(a).
• 4Id.

Under Section 504, school districts are required to establish and implement a system of procedural safeguards to allow parents to appeal decisions and make complaints regarding the identification, evaluation, or educational placement of students with disabilities. Procedural safeguards include notice, an opportunity for records review by parents, an impartial due process hearing with an opportunity for participation by the student’s parents and representation by counsel, and a review procedure.1

Section 504 does not provide any further detail about what the impartial due process hearing must look like. The creation of grievance procedures, including an impartial hearing process, are left to the LEAs. Therefore, each LEA’s policies may differ significantly, and it is of the utmost importance to research and become familiar with the specific 504 grievance/hearing policies in the student’s district. While the law requires an “impartial due process hearing,” in Louisiana this is not the same as an IDEA due process hearing before an Administrative Law Judge. Instead, it is typically a hearing in front of a district-level 504 administrator within the student’s school district.

The policies and procedures regarding 504 grievances/hearings should be outlined in the school district’s policies and handbook and made available online or upon request. Note that it is important to adhere to all of the procedural requirements and timelines stated in the district’s specific grievance procedure.

• 134 C.F.R. § 104.36.

Alternatively, or in addition to, pursuing dispute resolution at the school district level, parents may also file a complaint regarding a school district’s violations of Section 504 requirements with the Office for Civil Rights.1  Complaints must generally be submitted within 180 days of the last act of discrimination.2

Anyone can file a complaint with OCR using OCR’s electronic complaint form.3  A complaint can also be filed by mail, fax, or over the phone. When OCR receives a complaint, it will investigate the situation to determine whether federal law has been violated. If it finds a violation, OCR will initially attempt to bring the school district into voluntary compliance through negotiation of a corrective action agreement. If OCR is unable to achieve voluntary compliance, OCR may initiate enforcement action either by (1) starting administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) referring the case to the Department of Justice for judicial proceedings.

In addition, a person may at any time file a private lawsuit against a school district for violations of Section 504. Unlike the IDEA, Section 504 regulations do not contain a requirement that a person exhaust administrative remedies before filing a private lawsuit.4

• 1This process is separate and distinct from the district-level grievance process. A complainant is not required by law to use the institutional grievance process before filing a complaint with OCR.
• 2Complainants can request a waiver of this time period for an event occurring more than 180 days ago, but must show good cause why they did not file the complaint within the 180-day period.
• 3For this form, see OCR Complaint Forms – Electronic and PDF Versions, U.S. Dep’t of Educ.
• 4This area of the law is very complicated. Federal courts have held that sometimes Section 504 claims must be exhausted if they overlap with IDEA claims. The law is not well-settled and varies by jurisdiction, so it is important to research into the state of the law in your jurisdiction and consult with attorneys with expertise in this area before filing a Section 504 lawsuit.