Legal Rights of Children with Epilepsy in School & Child Care

Special Education and Section 504
5.22Q: Does Section 504 impose any requirements regarding nonacademic
services?
A: Yes. School districts must provide students with disabilities an equal opportunity
to participate in nonacademic and extracurricular activities. According to the
Section 504 regulations, these activities may include counseling services,
athletics, transportation, health services, recreational activities, special interest
groups or clubs sponsored by the school or district, referrals to agencies that
provide assistance to people with disabilities, and employment of students. 34
C.F.R. 104.37.
5.23Q: Is there a timeline for implementation of a Section 504 plan?
A: No. Since the regulations do not mandate the development of a plan, they do not
contain a timeline for its development.
5.24Q: What happens if a parent disagrees with a decision about a student’s
eligibility for services under Section 504, the content or number of services,
or the recommended placement?
A: Section 504 regulations require school districts to establish and implement
procedural safeguards that include notice, an opportunity for parents or
guardians to examine relevant records, an impartial hearing with an opportunity
for participation by the student’s parents and representation by counsel, and a
review procedure. One way of complying with these requirements is by
complying with the IDEA’s due process procedures. 34 C.F.R. 104.36.
5.25Q: What happens if a parent has concerns about the implementation of a
Section 504 plan?
A: School districts must identify a person to coordinate efforts to comply with
Section 504. Parents or their advocate can contact the school district’s Section
504 coordinator to try to resolve their concern informally. If that effort is
unsuccessful, they can contact the state department of education’s Section 504
coordinator. They can seek an administrative hearing or they can file a
complaint with the U.S. Education Department’s Office for Civil Rights, which
has regional offices throughout the country. See Chapter 8 for a full discussion
of available dispute resolution procedures and legal remedies under Section 504
and the IDEA.
5.26Q: If a parent places his or her child in a private school, is the child still
protected by Section 504?
A: Whether a student in a private school is protected by Section 504 depends on
whether the school receives any federal funds. If the school receives federal
funds, even if only for its library or for milk, the school is subject to Section 504
79