4/16/2024 0 Comments Accommodations under a 504 plan![]() ![]() Thus, best practice is to put Section 504 plans in writing. Although Section 504 regulations do not specify that a written plan is required, the district must document activities and decisions made regarding students with disabilities (34 CFR §104.35(c) Frequently Asked Questions about Section 504, OCR 2013). Section 504 of the Rehabilitation Act of 1973 is different, but has many similarities to, the Americans with Disabilities Act (ADA).Once a student is determined to be disabled under Section 504 and in need of services and accommodations, the Section 504 team will develop a Section 504 plan. Section 504 of the Rehabilitation Act of 1973 is primarily enforced by the Office for Civil Rights within the U.S Department of Education (DOE). Public schools also maintain “child find” obligations for children in their district– “Child find” is the obligation to assess and identify students with disabilities, even if they attend private schools.Ī 504 plan is different than an IEP. Some examples of a substantial modification may be significant teacher time, or hiring extra staff. Section 504 also does not require substantial modification to a private school program. Section 504 does not require a private school to modify its essential enrollment criteria. § 104.34, and equal access to extracurriculars, 34 C.F.R. However, even religious private schools that do not accept funds may be subject to some of the 504 requirements (for example related to facilities), 34 C.F.R. That means that many private schools, including religious schools, are required to provide accommodations under Section 504. The type of funding that can obligate a school to section 504 responsibilities may be surprising– professional development, lunch or milk programs, and other funding that may seem “minor” or unrelated to instruction may count when it comes from the federal government (funding to the school’s sponsoring religious institution may also count– if the school has one– like a church or synagogue). Private religious schools that receive federal funding ARE subject to Section 504 (there may be an exception here, but let’s not get too far into the weeds). When you read about 504 obligations in schools generally, remember that some of what you read applies to public schools only. However, that does not mean that private schools have no obligations under Section 504– they do. ![]() Only certain parts of Section 504 apply to private schools, and in many cases, religious schools have even fewer obligations. It does not require that private schools make major modifications to their programs, or provide Individualized Education Programs. Section 504 of the Rehabilitation Act of 1973 (which is where the term “504 plan” comes from) is meant to be an anti-discrimination law. Private Schools and accommodations under Section 504 is a frequent area of concern for our clients.
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