Find answers to frequently asked questions (FAQs) about disability discrimination in school settings.
General FAQs about Disability Discrimination
Section 504 is a federal law that prohibits any entity that receives federal financial assistance (such as grants or student loans) from discriminating against persons with disabilities.
Title II of the Americans with Disabilities Act is a federal law that prohibits state and local governments (such as public school districts, public colleges and universities, and public libraries) from discriminating against persons with disabilities.
In general, Section 504 and Title II nondiscrimination standards are the same, and in general, actions that violate Section 504 also violate Title II. However, where Title II requirements exceed Section 504 requirements, public school districts, colleges and universities, and libraries must also comply with the Title II requirements.
Under Section 504, to discriminate on the basis of disability means to unnecessarily treat someone with a disability differently than someone without a disability. But Section 504 requires more of recipients of federal funding (such as public schools or colleges and universities) than to simply treat individuals with disabilities identically to people without disabilities. Rather, recipients must provide individuals with disabilities meaningful access to their programs or activities in the most integrated setting appropriate. And, to provide meaningful access, modifications to the program or activity may need to be made and auxiliary aids and services may need to be provided.
Person with a disability means a person with a physical or mental impairment that substantially limits a major life activity; has a record of such an impairment; or is regarded as having such an impairment. The determination of whether a student has a physical or mental impairment that substantially limits a major life activity (and therefore has a disability) must be made on a case-by-case basis. In addition, when determining if someone meets the definition of a disability, the definition must be viewed to provide broad coverage of individuals. For more information about the definition of disability, see these questions and answers on the ADA Amendments Act of 2008.
Yes. The Section 504 regulatory provision lists examples of physical or mental impairments, but does not list all possible physical or mental impairments. The list of physical or mental impairments in the Section 504 regulatory provision is not exhaustive. For example, anxiety disorders and ADHD are not specifically listed, but in many cases would be a mental impairment that substantially limits one or more major life activities. For more information about anxiety disorders, ADHD, and some other medical conditions that can be physical or mental impairments under Section 504, see OCR’s page on specific illnesses and medical conditions.
Yes. The Section 504 regulatory provision lists examples of major life activities, but does not list all possible major life activities. The list of major life activities in the Section 504 regulatory provision is not exhaustive.
Generally yes. All public school districts are covered by Section 504 and Title II — this includes public charter schools and magnet schools. All public colleges and universities are covered by Section 504 and Title II. Virtually all private colleges and universities are also covered by Section 504 because they receive federal financial assistance by participating in federal student aid programs. There are some private schools that do not receive any federal assistance, and Section 504 and Title II do not apply to them.
Yes. All programs in a school or college are covered by Section 504 if the school district, college, or university receives federal financial assistance. Section 504 covers all the operations of a school or college that receives financial assistance including academics, extracurricular activities, athletics, and other programs. Section 504 applies to actions of a school or college regardless of where they occur, including those that take place in the facilities of the school, on a school bus, at a class or training program sponsored by the school at another location, or elsewhere off campus.
No. The Department of Education’s Section 504 regulations, at 34 C.F.R. part 104, have subparts: A through G. Subparts A, C, and G apply to all types of recipients (entities that receive federal funding from ED) no matter what type of program or activity they operate.
Any recipient that operates preschool, elementary, secondary, or adult education programs or activities must additionally comply with subpart D. This would include, for example, a college or university that also operates a preschool.
Recipients that operate postsecondary education programs or activities must comply with subpart E, in addition to subparts A, C, and G.
No. Section 504 and Title II protect all persons with disabilities from discrimination, including parents and guardians, students, and employees.
OCR handles cases of disability discrimination involving a range of issues, such as inaccessible facilities; unequal access to advanced academic programs, extracurricular athletics, and accessible technology; the failure to provide elementary and secondary students a free appropriate public education (FAPE), discriminatory discipline, the denial to college students of appropriate academic adjustments and auxiliary aids and services, disability harassment.
OCR has the authority to require recipients who have violated Section 504 to take any remedial action that the Assistant Secretary deems necessary. The remedies available are broad and can include anything available under Section 504 that is appropriate to address the injury caused by the recipient’s unlawful conduct. Different violations can warrant different types of remedies. They can include reimbursement of families’ expenses as well as non-monetary remedies, such as compensatory education or services. Remedies can be for an individual or group of individuals. OCR often also requires recipients to change and improve systems to prevent unlawful conduct from recurring.
Generally, yes. All school districts, colleges, and universities receiving federal financial assistance and employing 15 or more persons must designate at least one employee to coordinate their efforts to comply with and carry out their responsibilities under Section 504. This person is often, though not always, referred to as a Section 504 coordinator.
Your school is required to publish your Section 504 coordinator’s contact information in your school’s notice of nondiscrimination, typically found in any bulletins, announcements, publications, catalogs, application forms, or other recruitment materials. The Section 504 coordinator’s contact information should also be prominently posted on your school’s website. Section 504 coordinators for public school districts can also be found on OCR’s coordinators website.
FAQs about Disability and Public Elementary and Secondary Education
Recipients operating public elementary and secondary education programs or activities must find every qualified student with a disability in their jurisdiction. Recipients must also ensure that parents of all students who are in their jurisdiction - regardless of whether the student is enrolled in a public school - are aware that their child has a right to a free appropriate public education (FAPE). The duty to locate and identify all students with disabilities includes those children who are not eligible under the Individuals with Disabilities Education Act (IDEA). To be eligible for Section 504 protections, a student need only have a physical or mental impairment that substantially limits one or more major life activities. A student’s ability to learn does not need to be substantially limited for the student to be eligible for Section 504 protections. A student who does not need special education can be eligible for related aids and services under Section 504.
An initial evaluation is a process used by a public school to identify students who have a disability. Initial evaluations may also include determining whether a student who has a disability needs special education or related aids and services to receive a free appropriate public education (FAPE).
These determinations must be made on a case-by-case basis for each individual student. Section 504 requires that, for elementary and secondary school students, a group of people who are knowledgeable about the student, the meaning of evaluation data, and the placement options draw upon information from a variety of sources in making these determinations. This group of knowledgeable people is often referred to as a Section 504 Team.
For more information about student evaluations under Section 504, see OCR’s Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools.
A student is in a public school’s “jurisdiction” whenever the student actually resides or is domiciled within the school district’s jurisdiction; or is receiving a public education from the school. A student’s residence is judged by actual living arrangements. A student’s domicile is generally considered to be the domicile of a parent.
A student “in the recipient’s jurisdiction” includes students who reside or are domiciled in the recipient’s jurisdiction and are: attending private schools; detained or confined; highly mobile, including migrant children; homeless; hospitalized; or institutionalized.
If a student is in the jurisdiction of more than one school or school district, then the recipient that is responsible under State law or policy for providing the student a public education is responsible for identifying, locating, and evaluating the student.
No. Section 504 does not allow a public school to delay an evaluation when it knows or has reason to believe the student has a disability. Schools must evaluate a student if they know or have reason to believe the student has a disability and the student needs or is believed to need special education or related services as a result of that disability. For more information about English Learners and Section 504, see OCR’s Equal Access to Elementary and Secondary Education for Students Who Are English Learners with Disabilities resource document.
Yes. A student who earns good grades may have a disability that substantially limits a major life activity and may need special education or related aids and services because of the disability.
Yes. Section 504 prohibits delaying or denying an evaluation of a student who is known or believed to have a disability because the student is receiving RTI, MTSS, or similar supports. Schools must evaluate a student if they know or have reason to believe the student has a disability and the student needs or is believed to need special education or related services as a result of that disability. For more information about RTI, MTSS, or similar supports and students suspected of having a disability, see pages 15-16 of OCR’s Dear Colleague Letter and Resource Guide on Students with ADHD.
No. There is nothing in Section 504 that requires a medical diagnosis or assessment as a precondition to a public school determining that a student has a disability and requires special education and/or related aids and services. The determination of whether an individual has a disability need not demand extensive analysis. A school may always determine that a student has a disability without any documentation or medical tests.
If, based on the facts and circumstances of an individual case, a student’s Section 504 Team determines that a medical assessment is necessary to determine whether a student has a disability and/or needs special education or related aids and services, the public school must ensure that the student receives the assessment at no cost to the student’s parents. For more information about the obligations of recipient schools and school districts when a student’s Section 504 Team believes a medical assessment is necessary, see OCR’s Dear Colleague Letter and Resource Guide on Students with ADHD and Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools.
No. An updated medical assessment and/or updated medical documentation may not be necessary or appropriate when a student has a life-long disability or where it is clear that the student’s disability has not changed. If a public school knows or has reason to believe that a student has a new or different disability or unmet disability-related needs, then a new medical assessment and/or updated medical documentation may be warranted. If so, the public school must ensure that the student receives the assessment at no cost to the student’s parents.
No. Although a Section 504 Team may request relevant information from parents, public schools cannot require parents to provide medical documentation as a precondition to conducting an evaluation. Public schools have an affirmative obligation to evaluate a student when they know or have reason to believe the student has a disability and/or needs special education or related aids and services; neither the burden nor cost of that obligation can be shifted onto a student’s parent.
If parents choose to provide existing medical documentation to their child’s Section 504 Team in order to facilitate an efficient and thorough evaluation and placement process, the Section 504 Team must consider the information.
IHPs and Section 504 Plans differ in terms of their substance. IHPs contain information, often supplied by a student’s treating medical provider or parent, about a student’s medical condition and the medical treatment of that condition. This information can include, for example, medical orders outlining prescribed medication or medical devices, instructions for administering medication, information concerning symptoms a student may experience and steps to take if those symptoms arise, and information about the ways in which the school setting may affect the student’s medical condition (such as a field day or classroom party with food). IHPs may also indicate, where applicable, what kind of training is required for school personnel who are responsible for providing any school nurse or health services.
In general, a Section 504 Plan describes a student’s placement. “Placement” is broader than a physical space; it includes the regular or special education and related aids and services a student with a disability needs to receive a free appropriate public education (FAPE) and the appropriate setting in which to receive those services.
Although an IHP could include the same content as a Section 504 Plan, the information an IHP typically contains differs from the information about a student’s placement that would be in a Section 504 Plan. For example, the decision that a student with a disability requires nursing services as a related service is part of a placement decision that would be in a Section 504 Plan. The instructions for delivering the nursing services would more commonly be found in an IHP.
Yes. Public schools must evaluate a student if they know or have reason to believe the student has a disability and the student needs or is believed to need special education or related services as a result of that disability. Exhibiting behaviors outside the typical range for a student’s age can be a sign that the student has a disability. Accordingly, when a recipient observes such behaviors, the recipient has reason to believe the student may have a disability.
For example, a student who has not been identified as a student with a disability and who is repeatedly referred for discipline following inappropriate verbal outbursts beyond the expected range of behaviors for students of a similar age may need an evaluation to determine whether the student is a student with a disability.
Yes, all students eligible for special education under the Individuals with Disabilities Education Act (IDEA) are protected by Section 504. This is because the definition of person with a disability under Section 504 is so broad as to extend to any child with a disability under the IDEA’s definition.
A “Section 504 only” student is a student with a disability who receives special education and/or related aids and services under Section 504 and not under the Individuals with Disabilities Education Act (IDEA). For information about the definition of a student with a disability under Section 504, see Question 11 of OCR’s Frequently Asked Questions: Section 504 Free Appropriate Education (FAPE); and pages 3-9 of OCR’s Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools.
While both terms are used in the Section 504 regulations in different places, OCR considers these terms to mean the same thing. Any aid or service necessary to meet the student’s educational needs as adequately as the needs of their nondisabled peers are met is a related aid or service for that student.
Related aids and services are used to meet the student’s educational needs. Supplementary aids and services are used to place a student in a regular educational environment to the maximum extent appropriate to the needs of the student with a disability. While the purpose of the aids and services differ, the types of aids and services that must be made available are equally broad.
No. There is no comprehensive list. If an aid or service is necessary to meet the student’s educational needs as adequately as the needs of their nondisabled peers are met, it would be a related aid or service for that student. Examples of related aids and services range from clean intermittent catheterization, a one-on-one aide, occupational therapy, physical therapy, counseling, speech-language therapy, and assistive technology.
No. Section 504 does not limit the availability of any service required for a student to receive an education that meets their needs as adequately as the needs of their nondisabled peers. Related aids or services can be required under Section 504 for one student even if those same aids or services are provided to other students under the Individuals with Disabilities Education Act (IDEA). For example, if a student with a disability under Section 504 is not eligible under the IDEA but requires a related service such as speech-language therapy, occupational therapy, or counseling in order to receive an education that meets their needs as adequately as the needs of their nondisabled peers, the school district would be required to ensure the student receives the service. This is true, even if the school district typically views these services as services for students with Individualized Education Programs under the IDEA.
Yes. A student with a disability may be entitled to reasonable modifications of policies, practices, or procedures to ensure the student has meaningful access to the school or school district’s programs or activities. The process to determine if a student needs a reasonable modification does not require the same extensive evaluation process needed for determining what services the student needs for a free appropriate public education (FAPE) under Section 504. Examples of such modifications include additional time to take tests or a modification to a policy regarding the permitted number of absences in a school year when a student's absences are due to a disability.
No. Public schools do not need to determine whether something is a reasonable modification as compared to a reasonable accommodation. For purposes of meeting the needs of a student with a disability in the elementary and secondary education context, OCR does not differentiate between modifications and accommodations. Whatever the label, the ultimate question is whether the student has meaningful access to the school or school district’s programs or activities.
Generally, no. Students with disabilities may engage in different behaviors than other students because of their disabilities. In some circumstances, there is no distinction between an individual’s disability and the manifestations of their disability. Section 504 prohibits any disability-based discriminatory use of student discipline, including disciplining a student for behavior that is known by the school to be a manifestation of the student’s disability. Knowledge that the student’s behavior is a manifestation of the student’s disability may be based on any relevant information in a student’s records, including the result of a prior evaluation, the student’s Section 504 Plan, any teacher observations, and any relevant information provided by a parent. For more information, see OCR’s Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline Under Section 504 of the Rehabilitation Act of 1973.
Generally, no, unless the group of knowledgeable people, often called the Section 504 Team, has decided that the student needs a shorter school day. Some schools shorten a student with a disability's school day—either formally or through informal removals—because of behavioral issues relating to their disability. But behavioral issues relating to a disability must be addressed through the provision of related and supplementary aids and services, not by reducing the length of the school day. Nor may a school shorten a student with a disabilities’ school day due to transportation logistics. Shortening a student with a disability’s school day compared to students without disabilities for administrative reasons would violate Section 504.
No. If, for example, a parent has a disability that substantially limits the major life activity of reading or communicating, Section 504 may require a school to alter or simplify written or oral information to ensure an equal opportunity for the parents to access the information. Similarly, a school cannot meet its Section 504 obligations to notify or communicate with parents of students with disabilities when it knows that it is providing information in a language the parent cannot understand. In addition, under Title VI of the Civil Rights Act of 1964, a school must be prepared to provide translated Section 504 plans (and other vital written materials) to parents who are limited English proficient (LEP) in order to provide meaningful access to the Section 504 plan and the parental rights that attach to it. With lengthy and complex documents, such as Section 504 Plans, orally interpreting the documents during a meeting may not afford enough time to permit the LEP parent’s meaningful participation, and translation of any vital documents in advance of the meeting may be necessary.
FAQs about Disability and Postsecondary Education
Colleges and universities are required by Section 504 and Title II to provide students with disabilities with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in the school’s program. An example of an academic adjustment is extra time to take a test. Examples of auxiliary aids include notetakers, interpreters, readers, and specialized computer equipment.
No. Academic adjustments must be individualized. Sometimes the most effective and practical academic adjustment for a given situation is a new solution rather than an off-the-shelf response.
FAQs About Accessibility and Services
School districts, colleges, and universities are required to ensure that students and others with disabilities, including parents, are not denied access to programs or activities because of inaccessible facilities, including academic buildings, walkways, restrooms, athletic facilities, and parking spaces.
The precise requirements schools, colleges, and universities must meet to ensure physical accessibility depends on the date a building (or facility) was initially built (constructed) or altered. For more information about accessibility requirements, please visit the Americans with Disabilities Act website.
Even if a building does not have to be made fully physically accessible because of its age, Section 504 and Title II require that every program or activity of the school district, college, or university be made accessible. A common way this is done is to relocate the program to an accessible portion of the building or to another building that is accessible.
Yes. School districts, colleges, and universities must operate their programs or activities—whether in a "bricks and mortar," online, or other digital context—in a manner that complies with Federal disability discrimination laws. That means that school districts, colleges, and universities must ensure equal access for students with disabilities to the educational benefits and opportunities afforded by online and other digital content and technology and equal treatment in the use of such content and technology. For more information, see OCR's Digital Accessibility webpage.
FAQs about Disability-based Harassment
Disability harassment is unwelcome conduct based on a student’s actual or perceived disability. Harassers can be students, school staff, or even someone visiting the school, such as a student or employee from another school. Disability harassment can take many forms, including slurs, taunts, stereotypes, or name-calling, as well as disability-motivated physical threats, attacks, or other hateful conduct.
In addition, at the elementary and secondary school level, bullying or harassment of a student with a disability on any basis can result in the denial of FAPE that must be remedied under Section 504.
View more information about the intersection between bullying and FAPE
Section 504 and Title II require an educational institution to respond to unwelcome, disability-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it denies or limits a student’s ability to participate in or benefit from the recipient’s education programs and activities (i.e., creates a hostile environment).
When an educational institution has actual or constructive notice (in other words, the school knew or should have known) of possible disability harassment, it must take immediate and appropriate steps to investigate or otherwise determine what occurred. If an investigation reveals that the harassment created a hostile environment, the educational institution must take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.
Note that school districts must also assess the effect of bullying and harassment on a student with a disability even if it was not disability-based harassment and even if it did not create a hostile environment.
View more information about the intersection between bullying and FAPE
OCR has consistently reaffirmed that the Federal civil rights laws it enforces protect students from prohibited discrimination, and are not intended to restrict expressive activities or speech protected under the U.S. Constitution’s First Amendment.
The fact that discriminatory harassment involves speech, however, does not relieve the school of its obligation to respond if the speech contributes to a hostile environment. Schools can protect students from such harassment without running afoul of students’ and staff First Amendment rights. For instance, in a situation where the First Amendment prohibits a public university from restricting the right of students to express persistent and pervasive derogatory opinions about students with a particular type of disability, the university can instead meet its obligation by, among other steps, communicating a rejection of stereotypical, derogatory opinions and ensuring that competing views are heard. Similarly, educational institutions can establish a campus culture that is welcoming and respectful of the diversity all students and institute campus climate checks to assess the effectiveness of the school’s efforts to ensure that it is free from harassment. Schools can also encourage students on all sides of an issue to express disagreement over ideas or beliefs in a respectful manner. Schools should be alert to take more targeted responsive action when speech crosses over into direct threats or actionable speech or conduct.
OCR investigates and resolves allegations that educational institutions that are recipients of federal funds or that are public entities have failed to protect students from harassment based on disability. Where OCR identifies concerns or violations, educational institutions often resolve them with agreements requiring educational institutions to adopt effective anti-harassment policies and procedures, train staff and students, address the incidents in question, and take other steps to restore a nondiscriminatory environment.
In addition to resolving investigations, OCR takes steps to inform schools of their obligation to provide a nondiscriminatory environment. For more information, view relevant policy guidance relating to disability-based harassment or harassment of students with disabilities.
OCR’s field offices also engage in a variety of technical assistance activities in collaboration with state and local education and law enforcement agencies to encourage educational institutions to improve their anti-harassment policies and procedures and to assist students and their parents to work with schools to enhance the schools’ anti-harassment capability.
FAQs about Food Allergies
Yes, if the student's food allergy substantially limits the student in a major life activity, such as such as eating, breathing, or the operation of major bodily functions such as the respiratory or gastrointestinal system. For more information, see OCR's fact sheet on food allergies.
Students with food allergy disabilities must be provided with the services and modifications they need in order to attend school, even if they do not need special education. Examples of these services and modifications might include implementing allergen-safe food plans, administering epinephrine according to a doctor's orders (even if the school has a no-medication policy), allowing students to carry their own medication, and providing an allergen-safe environments in which the student can learn and eat meals. For more information about OCR's views, see OCR's fact sheet on food allergies and pages 90-92 of "Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs" published by the Centers for Disease Control and Prevention.
Bullying, teasing, or harassment about an allergy (or the steps taken by the school to ensure the student can learn and eat in allergen-safe environments) can lead to psychological distress for children with food allergies which could lead to a more severe reaction when the allergen is present. And exposing an allergic student to the allergen (e.g., putting the allergen in the student's food or forcing the student to ingest the allergen) can have very serious—even fatal— consequences.
Section 504 and Title II require an educational institution to respond to disability-based harassment that is sufficiently serious to deny or limit a student's ability to participate in or benefit from the recipient's education programs and activities (i.e., creates a hostile environment). When an educational institution knows or reasonably should know of possible disability harassment, it must take immediate and appropriate steps to investigate or otherwise determine what occurred. If an investigation reveals that the harassment created a hostile environment, the educational institution must take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.