Section 504

Section 504 of the Rehabilitation Act of 1973 is a federal law requiring public schools to provide reasonable accommodations to students with disabilities to access the school's general education curriculum and learning opportunities. 

Because it is an anti-discrimination law, Section 504 is focused on ensuring that students with disabilities can access the same DPS curriculum and learning opportunities available to all students. Unlike special education, Section 504 does not provide specialized instruction or a different curriculum for eligible students. Instead, the section 504 Program ensures that eligible students with disabilities receive the reasonable accommodations and/or related services they need to access the DPS curriculum and learning opportunities. 

Examples of physical impairments that may qualify a student for Section 504:

• Diabetes
• Severe Asthma
• Juvenile Arthritis
• Sickle Cell Disease
• Mobility difficulties due to an anatomical difference or loss

Examples of mental impairments that may qualify a student for Section 504:

• Anxiety Disorder
• Depression
• Attention-Deficit/Hyperactivity Disorder

1. Referral

Parents/Guardians are invited to refer their student to the 504 process if they believe that their student has a physical or mental impairment that could make them eligible for Section 504. Each school has a 504 Coordinator who will facilitate the process. Other individuals may also make referrals, such as health care professionals, teachers, and other school staff members. 

2. Eligibility

Once the referral has been received by the school, the 504 Coordinator will ask the parent/guardian to provide any medical documentation or additional information and invite the parent/guardian to attend a 504 eligibility determination meeting. The team will review all available information at this meeting and determine whether the student is eligible for Section 504.   

3. Plan Development

If the student is determined to be eligible, then the 504 team will write a 504 Plan for the student, describing the accommodations and services that the student needs in order to access the general education curriculum at the school. 

4. Monitoring

The 504 Team will meet annually to review the student’s 504 Plan and determine whether any changes are needed. Parents/Guardians can also request a meeting if they think the 504 Plan needs to be reviewed or updated. In addition to reviewing the student’s 504 Plan each year, the 504 Team will also review the student’s eligibility for section 504 every three years.

The 504 team at the school makes all decisions. The team includes:

1. Someone knowledgeable about the student
2. Someone knowledgeable about the evaluation
3. Someone knowledgeable about the accommodations and curriculum

Q: My Student has a 504 Plan from a different school district or from a local charter or private school. Now that my Student attends a DPS school, will DPS implement the old 504 plan?

No. Different school districts have different facilities, schedules, curricula, and expectations. The accommodations and related services in the old 504 Plan may not be appropriate in the DPS school. You should contact your student’s school to refer your student to the 504 process. Please provide the school with any supporting information that you have so that a 504 meeting can be held as soon as possible. 

Q: Is Section 504 the same thing as special education or an IEP?

No. Not all students with disabilities are eligible for special education. Section 504 protects eligible students with disabilities even when they are not eligible for special education. Section 504 ensures that these 
students are able to access the general education curriculum and are not subject to discrimination because of their disability.

Q: My student has suffered a temporary injury. Can we develop a 504 Plan until the injury heals?

No. Section 504 is a federal civil rights law that protects students with disabilities, not temporary injuries. In general, if a condition will resolve in six months or less, then the student is injured and not disabled and therefore is not eligible for a 504 Plan.

For more information about the law, visit the:

1. North Dakota Department of Public Instruction Section 504 website
2. Section 504 Evaluation Standards and Procedures 
3. Section 504 Parent rights, Student Rights and Grievance Procedures