Section 504 of the federal Rehabilitation Act of 1973 is designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance.  Section 504 provides: "No otherwise qualified individual with a disability in the United States [...] shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” As receivers of federal funds, all public schools, districts and 21st CCLC subrecipients are required to provide students with the educational instruction, supports and accommodations for which they qualify under Section 504 in order to provide meaningful access as required under 34 C.F.R. § 104.

A student determined by their school district as a “qualified student with a disability” will receive an Individualized Education Plan (IEP) under the Individual with Disabilities Education Act (IDEA) that specifies educational instruction, related services and/or supports to be provided during extracurricular and nonacademic activities. 34 C.F.R. § 300.320(a)(4)(ii). A student with a disability may also receive a 504 Plan that specifies accommodations to be provided during their educational program which includes activities in nonacademic settings. 34 C.F.R. § 104.34(b). Extra-curricular and other nonacademic activities such as the 21st CCLC out of school time program must ensure students with disabilities meaningful access to these extra-curricular and nonacademic activities to the same extent as that of students without disabilities.

If services, supports, and/or accommodations are included in a plan created by the school program they attend, the district is responsible for the cost of those services, supports, and/or accommodations in the student’s IEP or 504 Plan to be provided during related activities in the out of school time program. If it is not included, it is important that subgrantees recognize that 21st CCLC funds can be used to cover all or part of the cost of the specialized instruction, supports and/or accommodations for which the child(ren) with disabilities qualify, and are necessary for the child(ren) to fully participate in the out of school time program. Collaboration is essential between program leadership and district leadership to facilitate the braiding of funds, if necessary, to cover the necessary costs.

Most importantly, students with disabilities may not be prohibited from participation or receipt of the necessary instruction, support and/or accommodations they require to fully participate in the program. 34 C.F.R. § 104.1. Thoughtful and effective coordination between the 21st CCLC program, the IEP and/or 504 Coordinator of the school is important for ensuring full participation and access to the opportunities for students available through 21st CCLC.

The need for the 21st CCLC program to be in constant communication with parents is also critical. In the initial contact with parents, it is important to ask:

1. Does the student have an IEP or 504 plan?
2. Has the student been identified as a child with any disabilities?
3. Does the student have any medical concerns of which that staff should be aware?
4. Would the parent/guardian, be willing to provide consent for the program to get the necessary portion(s) of the student’s educational records?

These questions can be added to the program’s initial enrollment information form. Ultimately, it would be up to the parent to directly share any information with the program and/or provide informed, written consent for release of the information to the program.