My child is struggling 
Now that my child has 
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Federal Funding and Regulations
While public schools receive federal financial assistance under IDEA, they don't receive any such financial assistance to provide Section 504 plans. Schools may therefore view providing a Section 504 plan as a financial burden. Because there's no requirement to collect data on how many students actually have 504 plans (Zirkel and Holler report in 2008 that 1.2% of students on average nationally have 504 plans), some schools and districts don't track how many students benefit from Section 504 or the cost associated with serving those students.The new law intends to expand eligibility and coverage; however, while new regulations are forthcoming from the Equal Employment Opportunity Commission on the ADAAA, Congress has urged the U.S. Department of Education, Office for Civil Rights (OCR) to maintain the current regulations and guidance related to Section 504. This means that parents will need to advocate for their children's rights and schools are obligated to ensure their current policies and practices are in full compliance with the new law.
Remain Vigilant In the Face of Victory
While the ADAAA represents a victory for students with disabilities, you'll want to be vigilant to ensure your child is treated fairly and appropriately. Through the ADAAA, Congress has intentionally expanded the ADA which, in turn, broadens the interpretation of who should have access to 504 plans. Students with LD and AD/HD should directly benefit from the new law because the use of mitigating measures can no longer be the basis for denying 504 plans to students. If your child already has a 504 plan, you should work with your school's 504 team, guidance counselor, and other school personnel to make any appropriate changes.Additional Resources
- ADAAA webinar with Matt Cohen (sponsored by NCLD and CHADD) Archive
- Association on Higher Education and Disability (AHEAD)
- U.S. Department of Education, Office for Civil Rights Frequently Asked Questions About Section 504 and the Education of Children with Disabilities
Laura Kaloi is the director of Public Policy at the National Center for Learning Disabilities. Kristin Stanberry is a writer and editor specializing in parenting, education, and consumer health/wellness issues. Her areas of expertise include learning disabilities and AD/HD, topics which she wrote about extensively for Schwab Learning and GreatSchools.
