2.4: Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 was the first federal civil rights law to protect individuals with disabilities from discrimination in any program or activity that receives federal financial assistance, including public schools. In the context of education, Section 504 continues to ensure that students with disabilities have equal access to educational opportunities and services (US Department of Education, 2025).

Section 504 has a broader definition of disability than what is written into the Individuals with Disabilities Education Act (IDEA). To be eligible under Section 504, a student who is eligible must only have a physical or mental impairment that substantially limits one or more major life activities, such as learning, walking, seeing, hearing, or concentrating. Because of this broader definition, Section 504 covers many students who may not qualify for special education but still need accommodations in the classroom (US Department of Education, 2020).

Purpose and Impact in Early Childhood Education

In early childhood education, Section 504 plays a crucial role in making sure that young children with disabilities can participate in preschool and early learning programs on an equal basis with their typically developing peers. For example, a preschool-age child with asthma might need access to medication during the school day, while a child with sensory processing challenges might need a quiet space to calm down. These two children may not qualify for special education services and support through IDEA, but they still require accommodations for their disability. Section 504 ensures that these students and others receive the support they need to engage fully in classroom routines and learning activities. Section 504 helps guarantee that schools and teachers take proactive steps to remove barriers to learning and participation for all children with disabilities, not solely those with formal special education plans.

Responsibilities of Schools and Teachers Under Section 504:

• Identify and evaluate students who may have a disability and require accommodations under Section 504. This responsibility includes recognizing early signs that a child may be struggling due to a physical or mental impairment. Teachers play an important role in this process by observing students' behavior, monitoring progress, and communicating concerns to the school's support team. Evaluations must be based on a variety of sources, including teacher observations, medical information, and academic performance, and they must be conducted at no cost to families (U.S. Department of Education 2025).
• If a student is found eligible under Section 504, develop a written plan outlining the accommodations, services, and supports the child will receive. The 504 plan is designed to ensure the student can access the general education curriculum and participate in school activities alongside their peers. While the law does not require a specific format for 504 plans, they typically include information about the student’s disability, specific accommodations (e.g., extended time on tasks, visual schedules), and the staff responsible for implementing them.
• Be actively involved in both the development and implementation of 504 plans, understand each student’s accommodations, and ensure they are provided consistently and effectively in the classroom.
• Once a 504 plan is in place, provide the accommodations and modifications listed in the plan. These accommodations are meant to level the playing field, not give students an unfair advantage. Failure to implement a 504 plan can be considered a form of discrimination. For example: In classroom settings, accommodations might include seating a student near the teacher for better focus, breaking tasks into smaller steps, providing a sensory break, or using visual supports to aid comprehension.
• Adjust accommodations over time as a child grows and their needs change.
• Utilize inclusive practices to ensure all students feel safe, valued, and supported. This means using positive behavior strategies, adapting materials when necessary, and collaborating with families and specialists to support student success.
• Establish effective communication strategies between families and support staff to ensure that 504 plans are implemented successfully. Teachers are expected to participate in regular review meetings and update the team on the student’s progress. In early childhood education, building strong relationships with families is especially important because parents are key partners in identifying their child’s needs and advocating for appropriate accommodations.