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

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?”

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General Information

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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

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