The Other Service Option Parents and Students Need to Uunderstand

It is important for parents to have a general understanding of Section 504 and its relationship with special education. Section 504, which is a part of the Rehabilitation Act of 1973, is a civil rights act that protects the rights of people with disabilities. The law states that no person with a disability can be excluded from or denied benefits of any program receiving federal financial assistance; this includes all public schools.

For many years school districts perceived their 504 obligation to be the assurance of physical access to public buildings: ramps were installed, curbs were cut, elevators were added to multilevel buildings, and restroom stalls were enlarged. With passage of the Rehabilitation Act of 1973, Congress required that school districts make their programs and activities accessible as well as usable to all individuals with disabilities. This mandate extends well beyond physical access. For an educational program to be useable (i.e., appropriate), students may require special accommodations such as modified assignments or, testing situation.

How does Section 504 Define “Appropriate Education?”

A free, appropriate education, provided by the public school system, includes general or special education and related aids and services that: (1) are designed to meet the individual education needs of students with disabilities as adequately as the needs of nondisabled students; and (2) are based upon adherence to evaluation, placement, and procedural safeguard requirements.

What are 504 Eligibility Criteria?

Section 504 protects persons from discrimination based upon their disability status. The law defines a person as disabled if he or she has a mental or physical impairment which substantially limits one or more major life activities. These include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. When a condition does not substantially limit a major life activity, the individual does not qualify for special accommodations under Section 504.

In order to determine eligibility for services, the student must be evaluated by a team of individuals who are familiar with the student and the results must be shared at a team meeting in which parents or caregivers are involved. If it is determined that a student has a disability, under Section 504, the school must develop and implement the delivery of all needed services and/or accommodations.

How are Students with Disabilities Identified?

Section 504 regulations cover a larger group of students with disabilities than does special education. School staff should consider the potential existence of disabilities and possible Section 504 protection for students diagnosed as having, for example, Tourette’s syndrome, attention deficit hyperactivity disorder (ADHD), heart malfunctions, communicable diseases, urinary conditions, blood disorders, chronic fatigue syndrome, school phobia, respiratory conditions, blood/sugar disorders, post traumatic disorders, epilepsy, cancer, repetitive motion syndrome, birth defects, and tuberculosis.