Does Section 504 Require a Section 504 Plan for Each Eligible Non-IDEA Student?

Help with Listen Feature Help with Listen Feature

Screen Shot of 504 ArticleApril 2012

About This Article

Although overlapping with and extending well beyond the Individuals with Disabilities Education Act, the two key questions under Section 504 for students in K-12 public schools who do not meet the IDEA definition of disability are:

  • who is eligible? and
  • for those who are eligible, what is their entitlement?

The Americans with Disability Act Amendments Act (ADAAA), which went into effect on January 1, 2009 and which expressly applies as well to Section 504, changed the answer to the first question and, without directly addressing it, reinforced the operational part of the second question–specifically, is every newly eligible student entitled to what is commonly called a “504 plan?”

Back to top

General Information

Read the article: http://nichcy.org/wp-content/uploads/docs/journals/zirkel1.pdf

Full APA Citation:

Zirkel, P. (2011). Does Section 504 require a Section 504 plan for each eligible non-IDEA student? Journal of Law and Education, 40, 407-416.

Author:  Zirkel, Perry A.

Title:    Does Section 504 Require a Section 504 Plan for Each Eligible Non-IDEA Student?

Year:   2011

Journal:  Journal of Law & Education

Publisher:  Jefferson Law Book Company and the University of South Carolina School of Law

Volume:  40

Issue:   3

Pages:  407-416

Back to top

Is this article copyrighted?

Yes. NICHCY expresses its appreciation to the Journal of Law & Education for its generous permission to post this article on our website.

While material produced by NICHCY is copyright free, this article is not. The original publisher of this article, the Journal of Law & Education holds the copyright to the article, whether in print or electronic form. You may view, download, print, or save the article’s content for the purposes of research, teaching, and/or private study. Please do not reproduce, post, redistribute, sell, modify, or create a derivative work of this content without prior, express written permission of the publisher.

For permission to reprint or copy this article, contact the Journal of Law & Education, 2100 Huntingdon Avenue, Baltimore, Maryland 21211. Phone: 410-727-7300, ext 3409.

Back to top

NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.