Section 504 is a federal civil rights law that prohibits discrimination against disabled people by any program or activity receiving federal funding. Enacted in 1973, it was the first major federal law protecting disabled people's civil rights and remains foundational to disability rights today.
Section 504 states:
"No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
Protected individuals:
Any person with a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
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 the operation of major bodily functions.
Any program or activity receiving federal financial assistance, including:
- Public schools (K-12 and higher education)
- Public and most private colleges and universities
- Hospitals and healthcare providers receiving Medicare or Medicaid
- State and local government programs
- Public libraries, museums, and recreation programs
- Housing programs receiving federal funds
- Public transportation systems receiving federal funds
- Employers receiving federal funds or contracts
Note: The threshold for "receiving federal financial assistance" is broad. Most public entities and many private organizations receive some federal funding.
Section 504 requires schools to provide a "free appropriate public education" (FAPE) to students with disabilities in the least restrictive environment.
Key differences from IDEA:
- Section 504 has broader eligibility (any disability substantially limiting a major life activity)
- IDEA requires specific learning disabilities or categories
- Section 504 provides accommodations; IDEA provides specialized instruction
- Section 504 has fewer procedural requirements
When 504 applies instead of IDEA:
A student might qualify for a 504 plan but not an IEP when they:
- Have a disability that affects learning but doesn't require specialized instruction
- Have ADHD, chronic illness, or other conditions not always covered by IDEA
- Need accommodations but not modified curriculum
Examples of 504 accommodations:
- Extended time on tests
- Preferential seating
- Use of assistive technology
- Modified assignments
- Access to elevator
- Rest breaks
- Medication administration
- Allergy management
Referral: Anyone can refer a student for 504 evaluation—parent, teacher, student, counselor.
Evaluation: School must evaluate at no cost to family. Evaluation should be comprehensive and use multiple sources.
Eligibility meeting: Team (including parent) determines whether student has a disability substantially limiting a major life activity.
504 plan development: If eligible, team develops plan specifying accommodations.
Implementation: Teachers and staff must implement accommodations.
Annual review: Plans should be reviewed at least annually, or when student changes schools or circumstances change.
¶ 504 Rights for Students and Families
You have the right to:
- Request evaluation at any time
- Participate in meetings
- Receive written notice before changes to evaluation or placement
- Examine relevant records
- Receive information in your native language
- Have an impartial hearing if you disagree with decisions
- File a complaint with the Office for Civil Rights
If your child is denied 504 services:
- Request written explanation of denial
- Ask what additional information would be needed
- Request a meeting to discuss
- File for impartial hearing
- File OCR complaint
Section 504 requires colleges and universities to:
- Not discriminate in admissions
- Provide academic adjustments and accommodations
- Ensure programs are accessible
- Provide auxiliary aids and services
Student responsibilities in higher education:
Unlike K-12, college students must:
- Self-identify as having a disability
- Provide documentation
- Request specific accommodations
- Work with disability services office
What colleges must provide:
- Extended time on exams
- Note-taking services
- Sign language interpreters
- Accessible formats for materials
- Modified course requirements when essential elements aren't affected
- Housing accommodations
What colleges aren't required to provide:
- Personal attendants
- Individually prescribed devices (wheelchairs, hearing aids)
- Readers for personal use
- Fundamental alterations to programs
Section 504 covers employers who:
- Receive federal financial assistance
- Are federal contractors with contracts over $10,000
Note: Most employment discrimination is covered by the ADA (Title I), which doesn't require federal funding connection.
Employers covered by Section 504 must:
- Not discriminate in hiring, promotion, or termination
- Provide reasonable accommodations
- Make application processes accessible
- Not use tests that screen out disabled people unless job-related
- Keep medical information confidential
Employers must provide accommodations that enable qualified disabled people to perform essential job functions, unless this causes "undue hardship."
Examples:
- Modified work schedules
- Accessible equipment
- Job restructuring
- Reassignment
- Modified policies
Hospitals, clinics, and healthcare providers receiving Medicare or Medicaid must:
- Provide effective communication (interpreters, accessible formats)
- Not deny services based on disability
- Make facilities physically accessible
- Not have policies that discriminate
Communication access:
- Deaf patients must receive qualified interpreters
- Blind patients must receive information in accessible formats
- Patients with cognitive disabilities need understandable information
Physical access:
- Exam rooms and equipment must be accessible
- Providers must accommodate mobility devices
- Cannot require patients to transfer from wheelchairs if not medically necessary
Treatment decisions:
- Cannot deny treatment based on assumptions about quality of life
- Cannot require family members to provide care
- Must provide same services to disabled patients
¶ Public Housing and HUD Programs
Housing programs receiving federal funding must:
- Not discriminate in tenant selection
- Provide reasonable accommodations
- Make reasonable modifications
- Ensure accessibility of units and common areas
Note: Most housing discrimination is covered by the Fair Housing Act, which has broader coverage.
Housing providers must make reasonable accommodations in rules, policies, or services, such as:
- Allowing service animals despite "no pets" policies
- Providing accessible parking
- Allowing early lease termination if needed for disability reasons
- Modifying inspection procedures
Office for Civil Rights (OCR):
For education complaints (K-12 and higher education):
- File within 180 days of discrimination
- Can file online, by mail, or email
- OCR investigates and can require corrective action
Department of Justice:
For non-education programs receiving federal funds.
Agency that provides funding:
Many federal agencies have their own 504 complaint processes.
Recipients of federal funds must have grievance procedures. Start with the internal process, but you can also file with OCR or other agencies.
You can sue Section 504 violators in federal court. You may be able to recover:
- Injunctive relief (requiring changes)
- Compensatory damages
- Attorney's fees
It's illegal to retaliate against anyone for filing a complaint, testifying, or otherwise participating in Section 504 enforcement.
Both laws prohibit disability discrimination, but:
Section 504:
- Only applies to programs receiving federal funds
- Enacted 1973
- Enforced by federal agencies
ADA:
- Applies to employers, public accommodations, state/local government regardless of federal funding
- Enacted 1990
- Broader coverage in employment and public accommodations
When both apply:
Many entities are covered by both Section 504 and the ADA. You can use whichever provides better protection for your situation.
In education:
IDEA:
- Requires specific categories of disability
- Provides individualized education program (IEP)
- Includes specialized instruction
- More procedural protections
Section 504:
- Broader eligibility
- Provides accommodations
- Less procedural requirements
- Can be faster to implement
A student can have both:
Some students qualify for IDEA (IEP) and also have 504 protections.
In housing:
Fair Housing Act:
- Covers all housing (not just federally funded)
- Provides broader coverage for most housing situations
Section 504:
- Applies to federally funded housing programs
- May have different remedies
¶ For Students and Families (K-12)
If you think your child needs a 504 plan:
- Put request in writing to school principal or 504 coordinator
- Keep a copy of your request
- School must respond—they can't ignore requests
- If denied, ask for written explanation
- Know your appeal rights
If you have a 504 plan but it's not working:
- Request a meeting to review and revise
- Document specific problems
- Propose specific solutions
- If school won't fix problems, file grievance or OCR complaint
Before you arrive:
- Contact disability services office
- Provide documentation
- Discuss needed accommodations
- Understand the process for each semester
If you're denied accommodations:
- Ask for written explanation
- Appeal through disability services
- Contact campus grievance office
- File OCR complaint if needed
If you need accommodations:
- Inform employer you have a disability and need accommodation
- Suggest specific accommodations
- Engage in interactive process
- Document all conversations
If you face discrimination:
- Document incidents
- Use internal grievance process
- Contact relevant federal agency
- Consult disability rights attorney
¶ History and Impact
Section 504 was part of the Rehabilitation Act of 1973, primarily a vocational rehabilitation law. The civil rights provision was added with little debate—some legislators may not have understood its implications.
For four years after the law passed, no regulations were issued. In 1977, disabled activists occupied the HEW building in San Francisco for 25 days—the longest sit-in at a federal building in US history—forcing the signing of regulations.
Section 504 established key principles later expanded by the ADA:
- Disability discrimination as civil rights issue
- Concept of reasonable accommodation
- Accessibility requirements
- Protection in federally funded programs
It remains important law, especially in education where it provides protections beyond IDEA.
- Disability Rights Education and Defense Fund
- National Center for Learning Disabilities (504 Plan resources)
- PACER Center (parent advocacy)
- Understood.org (504 plan information for families)
- Wrightslaw (education law information)
What's your experience with Section 504? What questions should be answered here? What resources have been helpful?
Share through our [contribution form] or email [email protected].
Last updated: November 2025
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