Section 504 of the Rehabilitation Act of 1973
Section 504 (29 U.S.C. §794; 34 CFR Part 104) is a civil-rights statute that prohibits discrimination on the basis of disability by any program or activity receiving federal financial assistance. In public K-12 schools, Section 504 requires provision of a Free Appropriate Public Education to each qualified child with a disability, documented through a Section 504 Plan detailing accommodations, auxiliary aids, and related services. Eligibility is substantially broader than under IDEA, but the plan does not provide specialized instruction.
Who qualifies under Section 504?
Section 504 defines a person with a disability under 29 U.S.C. §705(20) and 34 CFR §104.3(j) as one who (a) has a physical or mental impairment that substantially limits one or more major life activities, (b) has a record of such impairment, or (c) is regarded as having such impairment. The ADA Amendments Act of 2008 (Pub. L. 110-325) and the 2024 ED/HHS Section 504 regulatory update expanded the interpretation of "substantially limits" in a manner favorable to broader eligibility, directing that the phrase not require extensive analysis.
Major life activities include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, and major bodily functions (42 U.S.C. §12102(2)).
Section 504 vs. IDEA — Comparison
| Feature | Section 504 | IDEA |
|---|---|---|
| Statute type | Civil-rights | Funding + education |
| Eligibility | Broad (major life activity) | 13 specified disability categories |
| Plan document | 504 Plan | IEP |
| Services | Accommodations, auxiliary aids | Specialized instruction + related services |
| Funding | No federal funding | Federal grants to states |
| Enforcement | U.S. Dept of Education OCR | State complaint, due process |
What does Section 504 require of schools?
- Non-discrimination in admission, treatment, and access to all programs (§104.4).
- FAPE for each qualified child with a disability (§104.33).
- Evaluation and placement procedures (§104.35) — must draw on information from a variety of sources.
- Procedural safeguards including notice, records review, impartial hearing, and review procedure (§104.36).
- Nondiscriminatory extracurricular and nonacademic services (§104.37).
- Accessibility of facilities (§§104.21-104.23).
Penalties for Non-Compliance
Section 504 is enforced by the U.S. Department of Education Office for Civil Rights (OCR). OCR investigates complaints and can require corrective action; unresolved violations may result in loss of federal funds. Individuals may also file private suit in federal court. Damages are available for intentional discrimination; OCR complaints are the far more common route.
How IncluShift supports Section 504 compliance
IncluShift OS provides 504 Plan lifecycle tracking, accommodation documentation, and a data-access audit log compliant with FERPA §99.32. Accommodations common in 504 Plans — text-to-speech (Wood et al. 2018, J Learning Disabilities 51(1):73-84), extended time, preferential seating, and access to assistive technology — are supported across the IncluShift product ecosystem. See IncluShift OS.
Official Sources
Educational information, not legal advice. Consult a qualified attorney for compliance guidance.