Some children will be eligible for services under Section 504 of the Rehabilitation Act whether on or off treatment. Commonly referred to as Section 504, this civil rights law prohibits discrimination against any individual with a physical or mental impairment that substantially limits one or more major life activity. Section 504 comes into play when a student with a disability attending a public school, or any private school, college, or university that receives federal funds, needs accommodation to access the educational opportunities available to children who are not disabled. Children who do not need special education services can be eligible for an educational plan under Section 504.

The school’s Section 504 team determines whether a child is eligible for a 504 Plan based on information from a variety of sources, including the findings and recommendations of the treatment team about how the illness and treatment affect school participation. For example, a child being treated for cancer might need a Section 504 Plan that provides:

•  Exemption from regular attendance/tardy policies

•  A school-based health plan

•  Reduced homework when ill or hospitalized

•  Occupational, physical, or speech therapy

Section 504 can also be used when a student who is off treatment has disabilites that do not meet the requirements of the IDEA but do limit one or more major life activity. For example, a student who had a limb amputated might need a 504 Plan to obtain accommodations such as extra time to walk between classes, keeping a set of textbooks at home and in each classrooom to avoid carrying a heavy backpack at school, and adaptive physical education. Although schools are not required to provide a written 504 Plan, parents should request a written plan that specifically lays out all of the accommodations and educational services to be provided to the student.