The National Education Association released a guide that “describes the protections that Section 504 provides and outlines the process for raising a complaint of disability discrimination or retaliation in violation of Section 504” (National Association, 2019). The guide gives examples and nonexamples of disability discrimination. It also explains what is and isn’t expected under Section 504 in both work and school settings. For example, schools have the duty to prevent and/or stop any disability-based harassment.

• Statistically, “students with disabilities experience disproportionately high rates of expulsion and suspension” (Education Week, 2022).

• In July 2022, the U.S. Department of Education created two new guides on how Section 504 and IDEA protect students from discriminatory disciplinary actions.

• One of the main guidelines states that schools must determine if a disruptive behavior is related to their disability before a suspension or expulsion is assigned. If a disruptive behavior is related to a student’s disability, further evaluation needs to take place to see if a change in behavioral support is necessary.

• Understand that the goal of a 504 plan is to remove barriers of learning. It is different from an Individualized Education Plan (IEP).
• Educate themselves about their child’s needs.
• Provide input when their child’s 504 plan is created. “Think about potential changes to the school environment, changes to instruction and changes to how curriculum is presented” (US News Education, 2022).
• Be an advocate for their child and their child’s needs.
  
  

(29 U.S. Code § 794)

• It was the civil rights law created in the United States that gave protections to persons with a disability.

• "Prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance and in federally conducted programs" (U.S. Department of Labor).

• Section 504 requires each person with a disability to receive a "free appropriate public education" (29 U.S. Code § 794)".

• Failing to follow a student’s 504 plan can be used as evidence of discrimination against a student with a disability. It's important for all educators to understand that abiding my a student's 504 is not optional; it's a required by the law.

• Educator’s must abide by a student’s 504 plan; it’s the law. Standard 1.7 of the Texas Educators’ Code states that educators must comply with local, state and federal laws and regulations.

• Ensure staff members are trained in Section 504 rules and procedures.
• Perform campus based self-audits for Section 504 compliance.
• Investigate any allegations of Section 504 violations, discrimination based on disability, or disability harassment.
• Ensure that parents and students are invited to participate in the creation of a student’s 504 plan and that they are aware of their rights.
• Ensure that teachers and support staff are informed of a student’s impairment and necessary accommodations.
• Work with the campus testing coordinator to ensure that testing accommodations are in place. Proper documentation and procedures for testing accommodations (i.e., STAAR) should also be utilized.
  
  

• Provide the accommodations outlined in a student’s written Section 504 plan.
• Document any accommodations regularly provided during instruction, so that they can be added to the Section 504 plan.
• Student progress should be routinely monitored to ensure that Section 504 accommodations are effective.