The School Counselor and Section 504 Plan and Process

(Adopted 2024)

ASCA Position

School counselors are an integral part of the Section 504 team for students on their caseload, and they provide a vital role as student advocates. Although school counselors serve on the 504 team, they should not be tasked with 504 coordination/management to avoid a conflict between school counseling program implementation and the administrative duties of the 504 coordinator/case manager.

The Rationale

Section 504 of the Rehabilitation Act of 1973 is federal legislation overseen by the Office of Civil Rights that protects the rights of students with disabilities and eliminates discrimination based on disability. Section 504 mandates equitable access to a “free and appropriate public education” and ensures appropriate and reasonable accommodations are in place to meet students’ educational needs. According to Section 504, the term “disability” is broadly defined as any “physical or mental impairment that substantially limits one or more major life activities” (U.S. Department of Education, 2023). A plan written to accommodate a Section 504 disability (i.e., 504 plan) is a legally binding document, and all members involved in the writing of that plan should be adequately trained in understanding the process and legal requirements (Milsom & DeWeese, 2021). 
 
School counselors may be the first contact for concerned parents/guardians, students or teachers. School counselors serve as advocates, supporting students and families through the Section 504 process while increasing access to the process for families traditionally marginalized due to their race, culture or socioeconomic status (Lewis & Muniz, 2023). To best meet students’ holistic needs, an interdisciplinary team of school personnel (e.g., administrator, school counselor, school nurse, teachers, interventionist) should be involved in the evaluation and identification process and, if deemed necessary, determine appropriate accommodations for the student to access the curriculum (Milson & DeWees, 2021). School counselors on the 504 team should also actively work to dismantle systemic inequities within the identification or accommodation process (Lewis & Muniz, 2023).  
 
Initiating, writing, coordinating and managing the 504 process are non-school-counseling tasks and inappropriate duties for a school counselor (ASCA, 2019). The coordination/case management of Section 504 plans creates multiple role conflicts for school counselors, including: 
 
Conflict with responsibilities to all students in the school: School counselors develop and implement a school counseling program for all students, including students with disabilities. Placing school counselors in the role of the 504 coordinator/case manager forces them to put a significant amount of time into the needs of a small number of students rather than using that time to meet the academic, career and social/emotional needs of all students (ASCA, 2019). 
 
Conflict with the role of student advocate: When school counselors are placed in the 504 coordination/case manager role, they are responsible for deciding what accommodations are provided to the student, if any. This authority over services directly conflicts with the school counselor being primarily an advocate and providing student support. It may impair the ability of the school counselor to create or maintain a strong counseling relationship (Goodman-Scott & Boulden, 2020). 
 
Conflict with staff and teachers: School counselors acting as the 504 coordinator/case manager may experience role conflict with staff and teachers as they are required to oversee implementation and ensure compliance with the 504 plan. This evaluative stance may undermine the school counselor's collaborative relationship with faculty and staff (Goodman-Scott & Boulden, 2020).

The School Counselor's Role

The primary role of the school counselor in the 504 planning process is to be an essential member of the 504 interdisciplinary team. All members of the 504 interdisciplinary team need to be adequately trained in Section 504 law and processes (Milsom & DeWeese, 2021; US DoE, 2023). The school counselor is uniquely positioned to advocate for students and families, collaborate with faculty and staff, and work toward creating equitable systems and access to the 504 process. Specifically, school counselors perform the following essential functions as a member of the 504 interdisciplinary team: 
  • Assist students and families with gaining access to the 504 process and procedural rights (Lewis & Muniz, 2023)
  • Help students and families understand the translation of services from assessments to school settings (Milsom & DeWeese, 2021)
  • Collaborate and consult with students; parents/guardians; teachers; administration; school psychologists; and other physical, mental and behavioral health care providers to reach a consensus around appropriate and reasonable accommodations, if any (Lewis & Muniz, 2023; Milsom & DeWeese, 2021)
  • Support students who receive accommodations with all life transitions, including postsecondary transitions, and teach self-advocacy skills as developmentally appropriate to ensure access to Section 504 supports (Lombari, et al., 2022; Milsom & DeWeese, 2021) 
  • Advocate that school counselors are not written into the 504 plan as accommodation providers or facilitators, especially providing long-term therapy since this is outside the scope of practice for a school counselor (ASCA, 2022)
  • Engage in training on 504 law and process for school counselors alongside school staff, faculty and administration (Goodman-Scott & Boulden, 2020)
  • Use culturally sensitive planning processes and consider how social determinants of mental health are affecting students and their disability when determining needs and accommodations for the 504 plan (Johnson, et al., 2023; Lewis & Muniz, 2023)
  • Disaggregate disciplinary actions and advanced coursework enrollment statistics to ensure students with 504 plans are not overrepresented in disciplinary actions and have equitable access and enrollment in advanced course work (U.S. Department of Education, 2024)
  • Use extreme care and communication if tasked with taking on an eligibility determination role within the 504 process that could negatively affect the counseling relationship (Goodman-Scott & Boulden, 2020)
  • Advocate for the inclusion of the school counselor’s role in the 504 process within school counselor preparation programs (Goodman-Scott & Boulden, 2020)
If school counselors are tasked with 504 coordination/case management in their school or district, they should actively advocate against that role. Until that role is removed, school counselors should ensure they are not the sole decision-makers in determining 504 evaluation and identification and whether any accommodations are provided to the student. Inappropriate Section 504 responsibilities/duties for the school counselor include but are not limited to: 
  • Making singular decisions regarding student placement or retention
  • Serving in any supervisory capacity related to Section 504 implementation 
  • Serving as the school district representative for the team writing the Section 504 
  • Coordinating, writing or supervising a specific plan under Section 504 of Public Law 93-112 (i.e., no case management)
  • Providing long-term therapy to students with disabilities (ASCA, 2022) 
  • Coordinating and/or facilitating 504 meetings 
  • Preparing and disseminating student records

Summary

School counselors support all students, including students with disabilities. School counselors serve a vital role on the Section 504 team as an advocate for students. School counselors should not be responsible for developing, implementing, monitoring, coordinating/managing 504 plans to avoid conflicts with their role for all students in the building, their role as an advocate for students and their work with staff and teachers. When school counselors serve as Section 504 coordinators/case managers, equitable access to a school counseling program and working relationships with students, families and school staff will be negatively affected.

References

American School Counselor Association. (2022). Ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf   

American School Counselor Association. (2019). ASCA National Model: A framework for school counseling programs (4th ed.). Alexandria, VA: Author. 

Goodman-Scott, E. & Boulden, R. (2020). School counselors’ experiences with the Section 504 process: “I want to be a strong team member…[not] a case manager”. Professional School Counseling, (23)1, 1-9. DOI: 10.1177/2156759X20919378

Johnson, K. F., Cunningham, P. D., Tirado, C., Moreno, O., Gillespie, N. N., Duyile, B., Hughes, D., C., Goodman Scott, E., & Brookover, D. (2023). Social determinants of mental health considerations for counseling children and adolescents. Journal of Child and Adolescent Counseling, (9)1, 21.23. 

Lewis, M. M. & Muniz, R. (2023). Section 504 plans: Examining inequitable access and misuse. National Education Policy Center. https://nepc.colorado.edu/publication/504-plan 

Milsom, A. & DeWeese, M. (2021). Fostering strengths and supporting the needs of students with disabilities. In M. Rausch & L. Gallo (Eds.) Strengthening school counselor advocacy and practice for important populations and difficult topics (pp. 193-213). Information Science Reference. DOI: 10.4018/978-1-7998-7319-8.ch011

U.S. Department of Education. (2023, July 18). Protecting students with disabilities. United States Department of Education Office of Civil Rights. https://www2.ed.gov/about/offices/list/ocr/504faq.html 

U.S. Department of Education. (2024, February 20). U.S. Department of Education’s Office of Civil Rights Releases New Resources on Students with Disabilities. United States Department of Education Office of Civil Rights. https://www.ed.gov/news/press-releases/us-department-educations-office-civil-rights-releases-new-resources-students-disabilities 

Resources
American School Counselor Association. (2022). The school counselor and students with disabilities. Author. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-Students-with-Disabilitie 

Greiner, A. & Hatton, C. (2023). The school counselor's role in serving students with disabilities. American School Counselor Association. https://www.schoolcounselor.org/Magazines/May-June-2023/The-School-Counselor-s-Role-in-Serving-Students-wi 

Lewis, M. M. & Muniz, R. (2023). Section 504 plans: Examining inequitable access and misuse. National Education Policy Center. https://nepc.colorado.edu/publication/504-plan 

U.S. Department of Education Office of Civil Rights. (2016, December). Parent and educator resource guide to Section 504 in public elementary and secondary schools. U.S. Department of Education. https://www2.ed.gov/ocr/docs/504-resource-guide-201612.pdf  

U.S. Department of Education Office of Civil Rights. (2023, July 18). Protecting students with disabilities. United States Department of Education Office of Civil Rights. https://www2.ed.gov/about/offices/list/ocr/504faq.html 

U.S. Department of Education Office of Civil Rights. (2024, February 20). U.S. Department of Education’s Office of Civil Rights Releases New Resources on Students with Disabilities. United States Department of Education Office of Civil Rights. https://www.ed.gov/news/press-releases/us-department-educations-office-civil-rights-releases-new-resources-students-disabilities