New Jersey Schools
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that protects students with disabilities from discrimination and ensures equal access to education.
Who Is Eligible?
A student may qualify for a Section 504 Plan if they have a physical or mental impairment that substantially limits one or more major life activities, such as learning, reading, concentrating, behavior, walking, breathing, or communicating.
Parent Rights at a Glance
● Request an Evaluation:
Parents may request a Section 504 evaluation at any time. Evaluations are provided at no cost. Parental consent is required for the initial evaluation.
● Participate in Decisions:
Parents are members of the 504 team and may provide input regarding eligibility, accommodations, and services.
● Written Notice:
Parents must receive written notice when the school proposes or refuses an evaluation, determines eligibility, or changes a 504 Plan.
● Written 504 Plan:
If eligible, parents are entitled to a written plan outlining accommodations that ensure equal access to instruction, assessments, and school activities.
● Review Records:
Parents may inspect and review all educational records related to their child’s 504 Plan and request corrections under FERPA.
● Review or Revise the Plan:
Parents may request a 504 review meeting at any time. Plans should be reviewed periodically and before major changes.
● Procedural Safeguards:
Parents are entitled to notice of procedural safeguards, including the right to challenge decisions and request an impartial hearing.
● Dispute Resolution:
Parents may request a due process hearing or file a complaint with the New Jersey Department of Education or the U.S. Department of Education, Office for Civil Rights.
● Protection from Discrimination:
Students and parents are protected from discrimination and retaliation based on disability.
Important Reminder
A 504 Plan is not special education. A student does not need an IEP to receive accommodations. The purpose of a 504 Plan is to provide equal access, not an advantage.
For questions or assistance, contact your school’s 504 Coordinator or the New Jersey Department of Education.