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What is 504? How is it different from special education? How does my child qualify for these services?

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Section 504 is a part of the Rehabilitation ACT of 1973. The intent of this section is to prevent discrimination in access to programs and activities on the basis of a disability.

Under Section 504, if a person has a diagnosed impairment that substantially limits a major life activity, they may be eligible for a Section 504 Plan that could include reasonable accommodations. In a school setting, the major life activities include, but are not limited to, areas such as learning, concentration, walking, seeing, breathing, hearing, and performing manual tasks. Additionally, the major life activities include the operation of "major bodily functions" such as the immune, neurological or respiratory.

In Wake County, we first rule out the need for special education services when learning is the area negatively impacted by the diagnosed impairment. An evaluation is a required component of both 504 and IDEA. If the child were found to have a disability and eligible for special education services, an IEP would be developed. If a child were found to have a disability but not eligible for special education services, a 504 Plan may be considered. The 504 Plan would delineate reasonable accommodations in the school setting to promote learning. These may include such things as extended time on tests, preferential seating, use of a tape recorder, etc.

While Section 504 does require reasonable accommodations, it does not provide the same rights and entitlements that are provided under IDEA. A 504 chairperson has been designated by each principal. They have received specialized training in understanding and implementing Section 504. If you have further questions, please contact the 504 designee at your child's school.