Tia Sauls
Tia Sauls is an early education specialist who helps families and educators navigate the child care, early education, and K–12 landscapes.
You may have heard parents or educators mention Section 504 childcare and wondered whether it applies to your childcare program. While it can sound complicated, the basics are easier to understand than you might think.
Whether Section 504 applies to your program or not, having a basic understanding of it can help you respond to parents confidently and better support children in your care. This article will help you understand Section 504, how it applies to your childcare business and how you can respond when requests arise.
What Is Section 504?
Section 504 is a federal civil rights law that is part of the Rehabilitation Act of 1973. It aims to protect individuals with disabilities from discrimination in programs and organizations that receive federal financial assistance.
This law specifically applies to programs that receive federal funding such as Head Start. If your center falls within this category this means that eligible children must have equal access to your programs and services whenever possible through reasonable accommodations.
Who Qualifies for Section 504?
Any child with a physical or mental impairment with substantial limitations qualifies for protection under Section 504.
This may include conditions like, severe allergies, ADHD, diabetes, asthma, mobility impairments or other medical conditions. Providers who want a deeper understanding of the law can review the Section 504 guidance from the U.S. Department of Education.
Who Does Section 504 Apply to?
Many private daycare programs do not receive federal funding, which means Section 504 may not apply to them. However, that does not mean they are exempt from accommodating children with disabilities.
Most childcare programs are still subject to the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability and generally requires providers to make reasonable accommodations when possible. In practice, this means a childcare program cannot refuse to enroll a child solely because of a disability and should make reasonable efforts to support the child's participation in the program.
As a provider, it's worth understanding both laws. Learn more about special needs daycare programs.
The table below gives you a quick overview of which programs Section 504 covers
|
Program Type |
May Be Covered? |
|
Public preschool |
Yes |
|
Head Start program |
Yes |
|
Private preschool or daycare (no federal funding) |
Not usually but ADA does apply |
|
Family child care home (privately funded) |
Not usually but ADA does apply |
Section 504 vs. an IEP: What's the Difference?
If your program caters to preschoolers, you may find yourself in conversations where the words IEP are mentioned. Although families may use Section 504 and IEP interchangeably, there are differences.
As a provider, it's important to note that children as young as three can qualify for an IEP under the Individuals with Disabilities Education Act (IDEA). A simple way to understand the differences between these two is to know that Section 504 mentions accommodations, IEP includes specific educational goals and specialized instructions.
|
Section 504 |
IEP (Individualized Education Program) |
|
Provides accommodations |
Provides specialized instruction |
|
Removes barriers to participation |
Includes educational goals and services |
|
Focuses on equal access |
Focuses on educational progress |
|
Civil rights protection |
Special education support |
Why Providers Should Understand Both
In a private daycare or preschool setting, you wouldn't be responsible for creating an IEP (that's a public school function or early intervention program), but understanding what one is helps you have better conversations with families, collaborate with service providers, and better support a child’s ned while they are in your care.
Accommodations Needed for Childcare Program
It is important to note that accommodations need to be reasonable. Reasonable would depend on your program's size. Resources and the specific needs of the child. If you are in doubt, be sure to document your efforts and feel free to contact your state licensing agency or legal advisor, a brief consultation now can be less costly than a complaint.
Medical Accommodations
Medical accommodations are often less extensive than providers expect. They typically do not require hiring a nurse or making major changes to your facility. Instead, they may involve practical steps such as training staff on a child’s allergy action plan, storing medication properly, or knowing how to respond in an emergency.
Environmental and Behavioral and Learning Supports
Many environmental and behavioral accommodations cost very little and sometimes nothing at all. Simple changes such as posting a visual daily schedule, creating a cozy corner in the classroom, or establishing a consistent goodbye routine can make a meaningful difference for a child with anxiety or other support needs.
These types of accommodations are often easy to implement and can help children participate more comfortably and successfully in your program. It's also important to remember that the size of your program, staffing levels, and available resources are generally taken into account when determining what accommodations are reasonable.
When a Family Mentions a 504 Plan
Here are three easy steps you can follow during a 504 consultation with a family.
Step 1: Start With a Conversation
An open conversation will allow you to fully understand the needs of the child in order for you to provide the best care possible.
Step 2: Get the Documentation Needed
Be sure to request any relevant documentation and information. This can include, existing accommodation plans or medical information
Step 3: Focus on the Child's Needs
It's important to note that every child is unique. Your accommodations and decisions should be based on the child’s individual needs and not the assumptions of a condition.
Creating an Inclusive Program
Making a childcare center inclusive goes beyond compliance. Providers to thrive understand that meeting law requirements is only a starting point and inclusivity should be top of mind to provide all children with quality care. This creates a program for both families and children to thrive in.
Final Thoughts
Section 504 ensures that no differently abled child is discriminated against in any program. As a childcare provider, it should be your goal to have a program that has accommodations for every child, within your resources and capabilities.
When providers focus on individual needs, create inclusive practices and establish partnerships with parents, children are in a better position to thrive.
