Section 504 of the Rehabilitation Act

What the law requires

Section 504 of the Rehabilitation Act of 1973 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."

This single sentence has had enormous practical impact. It requires entities receiving federal money — including public schools, universities, hospitals, and many nonprofits — to:

• Provide equal access to programs and services
• Make reasonable modifications to policies and practices
• Ensure effective communication through auxiliary aids and services
• Provide physical access to facilities

In the education context, Section 504 produces a 504 Plan — a document that outlines accommodations and modifications for a student with a disability. Unlike an IEP under IDEA, a 504 Plan does not require specially designed instruction; it focuses on accommodations that allow equal access (e.g., extended time on tests, preferential seating, noise-canceling headphones, access to digital materials).

In higher education, Section 504 (alongside the ADA) is the legal basis for disability services offices at colleges and universities. Students request accommodations, provide documentation, and receive a letter outlining approved supports.

In healthcare, Section 504 prohibits federally funded medical providers from discriminating against patients with disabilities and requires effective communication (e.g., sign language interpreters for Deaf patients).

Who it protects

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. The definition is interpreted broadly, consistent with the ADA Amendments Act of 2008.

A key distinction from IDEA: a student can qualify for a 504 Plan without qualifying for IDEA. Section 504 covers more people — any disability that limits a major life activity, not just one of IDEA's 13 categories.

Who must comply

All programs and activities receiving any federal financial assistance. This includes virtually all public schools and universities, most hospitals, and thousands of federally funded nonprofits and state agencies. Private schools that do not accept federal funding are not covered.

What it does NOT cover (common misunderstandings)

Section 504 does not provide the same procedural protections as IDEA. There is no guaranteed right to an independent educational evaluation at public expense, no formal due process hearing with the same protections, and fewer explicit procedural requirements.

Section 504 does not require schools to provide specially designed instruction. If a student needs instruction modified in content or methodology (not just accommodations), IDEA may be more appropriate.

Companies that do not receive federal funding are not covered by Section 504 — the ADA covers those entities instead.

How to enforce your rights

• Schools: File a complaint with the US Department of Education Office for Civil Rights (OCR) within 180 days of the discriminatory act. OCR will investigate and may require the school to take corrective action.
• Healthcare: File a complaint with the US Department of Health and Human Services Office for Civil Rights.
• Private lawsuits are also available, though courts vary on whether compensatory damages are available.

Recent updates

The Department of Education issued updated regulations in 2022 clarifying the definition of disability and the obligations of schools for students with Section 504 plans, aligning interpretations with the ADA Amendments Act. The regulations also addressed the use of restraint and seclusion in schools and clarified obligations regarding reevaluations.