Section 504 Plans in Pennsylvania

How does Section 504 work in Pennsylvania?

Pennsylvania is one of the few states with its own comprehensive regulation implementing Section 504 of the Rehabilitation Act of 1973: 22 Pa. Code Chapter 15, titled 'Protected Handicapped Students.' Chapter 15 provides state-level protections that in some ways exceed the federal Section 504 requirements (34 CFR Part 104). Under 22 Pa. Code §15.2, a 'protected handicapped student' is a student who has a physical or mental disability that substantially limits or prohibits participation in or access to an aspect of the student's school program. This definition is broader than the federal standard in that it explicitly includes students whose disability 'prohibits' — not just 'substantially limits' — participation. Chapter 15 requires school districts to provide each protected handicapped student, without cost to the family, the related aids, services, or accommodations needed to afford the student equal opportunity to participate in and benefit from school programs and extracurricular activities (22 Pa. Code §15.3). The key document under Chapter 15 is the Service Agreement (SA), which is Pennsylvania's equivalent of a 504 plan. A Service Agreement is a written agreement executed by the parent(s) and a school official that specifies the related aids, services, or accommodations to be provided, the start and end dates for services, and, if appropriate, emergency medical procedures (22 Pa. Code §15.7). Unlike an IEP, a Service Agreement requires signatures from both the parent and a school official for implementation. If the parent and LEA cannot agree, the parent may request an informal conference, request mediation through ODR, or file a due process complaint. Chapter 15 has its own evaluation procedures (22 Pa. Code §§15.5–15.6) requiring evaluation before initial identification, placement, or significant change in placement; the evaluation must draw upon information from a variety of sources. Students may qualify under Chapter 15 even if they do not qualify for special education under Chapter 14/IDEA, as Section 504 eligibility is broader. The dispute resolution process for Chapter 15 mirrors the IDEA process in Pennsylvania, with access to due process hearings through ODR and mediation. Chapter 15 also applies to nonacademic services and extracurricular activities, ensuring students with disabilities have equal access to all school programs.