Bill Would Codify 504 Education Plans in RI Law

STATE HOUSE — Rep. Joseph M. McNamara (D-Dist. 19, Warwick, Cranston) has introduced legislation that would make federally mandated 504 education plans part of state law.

Named after Section 504 of the Rehabilitation Act of 1973 — a federal civil rights law that protects against discrimination — 504 education plans are formal plans for how a school will remove barriers so a student with a disability can learn alongside peers in general education.

Under the proposed legislation, if the federal government should eliminate the 504  education  plans provision for equal access to education for students with disabilities, it would be preserved in Rhode Island statute. The text of  the bill has not  yet been posted  to the General  Assembly website.

“It is absolutely imperative that students with certain disabilities be accommodated in their particular educational needs,” said Representative McNamara, who chairs the House Education Committee. “Now that 17 states have joined in a lawsuit asking the courts to declare Section 504 unconstitutional, and educational rights quickly eroding at the national level, it’s time for Rhode Island to guarantee the future of these plans, similar to the way the Reproductive Privacy Act codified the rights of Roe v. Wade into state law. This would guarantee that all children would have equal access to education regardless of their disability and in the least restrictive setting.”

Unlike an individualized education program (IEP) 504 education plans don’t include specially designed instruction. They generally include any accommodations (changes to the student’s learning environment), any assistive technology or tools the school will provide, and the name of the person responsible for making sure the 504 plan is put into action.

A student must have a disability that impacts one or more major life activities, such as reading or paying attention. Because IEPs have more requirements, a student who doesn’t qualify for an IEP might still be able to get a 504 plan.

Author: Rob Borkowski

Rob has worked as reporter and editor for several publications, including The Kent County Daily Times and Coventry Courier, before working for Gatehouse in MA then moving home with Patch Media. Now he's publisher and editor of WarwickPost.com. Contact him at editor@warwickpost.com with tips, press releases, advertising inquiries, and concerns.