Helpful Hints and Practical Suggestions to Promote

Self-Advocacy in Section 504 Planning for

Students with Disabilities

The following suggestions have been developed to help parents, guardians, and representatives of students with disabilities in preparation for self-advocating for services under Section 504 of the Rehabilitation Act of 1973.  Under Section 504, students with disabilities have a right to reasonable accommodations that should be outlined when developing a Section 504 Plan.   

Be aware that students with disabilities also have significant civil rights under the Individuals with Disabilities Education Act (IDEA), Title II of the Americans with Disabilities Act (ADA) to equal access for services in the public school system as well as under the No Child Left Behind Act of 2001, an Elementary and Secondary Education Act. 

• 504 Plans

Section 504 of the Rehabilitation Act prohibits discrimination based on a disability in programs or activities receiving federal financial assistance including public preschool, elementary, secondary and postsecondary schools.  Details can be found in the Code of Federal Regulations (CFR) at 34 C.F.R. 104.33.  You can find this Code of Federal Regulation and other Codes of Federal Regulations discussed in this fact sheet by going to http://www.ed.gov/index.jsp, select the Search function in the top right hand corner and for example, type 34 C.F.R. 104.33, and select the first link. 

• How to get a 504 Plan

If your child has a disability and needs an accommodation, ask your school to put you in contact with the 504 coordinator and submit a written request for a 504 evaluation and plan.  Even if your child is Gifted or does not have problems academically the student is still eligible for reasonable accommodations under Section 504.  Students with disabilities have a right to a determination of eligibility for Section 504 reasonable accommodations, which may include the need for your child to have

current medical and other evaluations. You may want to be prepared to provide school officials with any current medical or other evaluations you believe would be helpful in speeding up the 504 Planning process.   

If you do not have current medical records, it is reasonable and required for school officials to assist you with the necessary evaluations. School districts are required to establish specific procedures for initial evaluations and periodic re-evaluations and should draw from a variety of sources in the evaluation process (34 C.F.R. 104.35(c)).  Once your child has been determined eligible, a meeting should be scheduled to develop a 504 Plan. 

When meeting to develop a 504 Plan, a representative from school administration, guidance counselors, teachers and a 504 coordinator typically will attend 504 Planning meetings.  Always remember that you and your child are important participants and your input is valuable to the 504 Team.  In preparation for the 504 Plan meeting outline the issues and needed 504 accommodations in relation to your child’s disability.  Just a few examples of which may be students with blindness and visual disabilities may need assistive technology, large print, braille, or readers; individuals with deafness and hearing disabilities may need assistive technology and interpreters; or individuals with learning disabilities may need assistive technology or extended test time.  It may also be helpful if you can obtain professional recommendations from qualified physicians such as your treating physician, specialist, psychologist, psychiatrist, or other medical professional qualified to recommend needed accommodations.  It is always helpful to request and obtain a draft 504 Plan worksheet from the school in advance of a 504 Plan meeting.  This will give you the time you may need to understand the process and identify all the detailed accommodations in the 504 Plan that are needed.  It will be helpful to bring and present your draft 504 Plan to the 504 Plan meeting.  Once a 504 Plan is developed always review all the details of the 504 Plan and make sure you agree with them before signing.

If your child has a disability and you believe they would benefit from reasonable accommodations under Section 504, familiarize yourself with your child’s rights under Section 504.  A good place to start is with the Code of Federal Regulations at 34 CFR § 104.31 - § 104.39, which can be reviewed online as discussed above and is attached to this fact sheet.   

• OCR 

In addition, the U.S. Department of Education, Office for Civil Rights (OCR) has the authority to investigate Section 504 and ADA Title II complaints.  OCR has helpful information regarding students with disabilities’ rights and 504 Planning on their website at www.ed.gov/offices/OCR including but not limited to a fact sheet entitled Protecting Students with Disabilities:  Frequently Asked Questions about Section 504 and the Education of Children with Disabilities. 

• How to help protect your child’s rights and begin to document disability discrimination

To help protect your child’s rights to a free and appropriate education, you should make it a habit to always keep a detailed journal of events pertinent to your child’s education, which should be a chronological written record with dates, times, places, and events.  Be sure to note the names and titles of school officials and others involved with school events, which may prove to be useful if you need to document disability discrimination.  If you believe disability discrimination occurs or you have specific concerns with school officials and the education of your child, consider documenting your specific concerns in writing, date the correspondence, make a copy of the correspondence for your records, request a written response and if possible send your correspondence return receipt requested.    

• How to verify agreements with school officials

To memorialize important conversations and any negotiations with school officials, you should always follow up by sending detailed letters to confirm agreements as well as any requests you have made for services for your child and always ask school officials in your correspondence for a timely written response.  Also, if possible send these correspondences return receipt requested so that you can verify school officials received the correspondence.       

• How to file a grievance against school officials

If you have a grievance against the school system, request in writing a copy of the School District Policy on filing a grievance and follow the district’s established grievance procedure.  Ask for a copy of school records to compare and contrast with documents you have. 

• How to get technical assistance and file complaints

You may contact OCR regarding a Section 504 or Title II ADA complaint against public school systems.  OCR can provide technical assistance to individuals who file complaints as well as to school district officials. 

• Advocacy Center PAIR Program

You also may choose to contact the Advocacy Center for Persons with Disabilities, Inc. (Advocacy Center).  The Advocacy Center is a not-for-profit Section 501(c)(3) organization that houses six federally mandated programs to help protect the legal, human and civil rights of individuals with disabilities.  The Protection and Advocacy of Individual Rights (PAIR) Program, under Section 509 of the Rehabilitation Act (see 29 U.S.C. § 794e) is currently working to investigate disability related civil rights concerns including but not limited to Section 504 complaints against public preschool, elementary, secondary, and postsecondary schools.  PAIR also addresses systemic reform issues to promote compliance with federal/civil rights laws. 

To contact PAIR to ask for technical assistance or to request a complaint investigation, contact the PAIR Program Intake Specialist, Ms. Barbara Jones, at 1-800-342-0823, ext. 239, regular number at 850-488-9071, ext. 239, fax at 850-488-8640, TDD at 1-800-346-4127, or e-mail at:  b.jones@advocacycenter.org, address:  Advocacy Center for Persons with Disabilities, Inc, 2671 Executive Center Circle, West, Suite 100, Tallahassee, Florida 32301, Advocacy Center website:  www.advocacycenter.org.

Notice: This fact sheet is not a substitute for legal advice.                

April 23, 2003