The Rehabilitation Act of 1973, Section 504

When a child with special needs does not qualify for assistance under IDEA because their disability does not conform with IDEA’s definition, another option may be to look under Section 504 of the Rehabilitation Act of 1973.

In a nutshell, Section 504 outlines specific rights that are guaranteed to people with disabilities, and states that no person with a disability will be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. A child who qualifies under Section 504 is eligible for a 504 plan, which is similar to an IEP. The difference is that a 504 plan falls under the guidelines of the Rehabilitation Act of 1973, instead of IDEA.

Determining which plan your child qualifies for can be confusing. If you are having trouble determining whether your child qualifies for an IEP or a 504 plan, or if you disagree with the school’s recommendations or actions, it makes sense to seek the advice of an attorney who specializes in these matters. An attorney who specializes in special needs education has the knowledge and experience to advocate for your child, and to increase the odds that she gets the education she deserves and needs.

If you have questions regarding your special needs child’s education, or if you don’t think he is getting the education he has a right to, contact us for more information