April 20, 2022- Ask an Attorney Section 504

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Franczek P.C.: Dana Fattore Crumley  & Kendra Yoch

If a student has a disability under Section 504, but the team finds that the student’s needs can be met using supports that are available to general education students, like MTSS and UDL, what should the team put on the 504 plan? 

Students come to school with a wide variety of learning needs, some related to a disability and some not. As general education has evolved to include more robust supports for students with diverse needs, including Multi-Tiered Systems of Supports, Universal Design for Learning, differentiated instruction, individualized learning, and social-emotional learning, the lines between general education and special education and between best teaching practices and accommodations can be quite blurry. 

Potentially adding to the confusion is that students can be eligible under Section 504 even if they do not need any specialized instruction or educational accommodations. To qualify as a student with a disability under Section 504 requires a mental or physical impairment that substantially limits a major life activity. But the major life activity does not have to be learning or writing or concentrating. Students whose disabilities do not require educational support are still protected from discrimination and harassment by Section 504 and should be identified. 

So what goes on the 504 plan? Section 504 requires the district to provide the student with a free appropriate public education, which the regulations define as 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. 

For a student with a medical diagnosis that is entirely managed by medication administered at home, the plan might just be to participate in the general education program. For another student whose disability impacts learning, MTSS intervention might be needed and therefore stated on the 504 plan. And for another student whose disability impacts attention, accommodations like repeated instructions and checks for understanding could be included. The Department of Education has advised that although certain services and supports are provided to general education students or are considered best practices, they should be included in the student’s plan if they are needed to address a disability-related need and to provide the student equal access to the educational program. 

Working out which aids, services, and accommodations need to be specified in a student’s 504 plan is not always clear-cut. But many disputes can be avoided with clear communication so that teachers and service providers can implement the plan with fidelity and parents know what to expect. Regular check-ins can also help ensure that the supports are effective and the student’s needs are being met. When disputes over what to include in the 504 plan do arise, the general rule is to include the supports necessary to address the student’s disability-related needs – even if the support is also part of the general education program.

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