Section 504 of the Rehabilitation Act of 1973

Purpose of Section 504 The basic purpose of the Section 504 Rehabilitation Act is to prohibit discrimination against persons with disabilities in programs that receive federal financial assistance. “No otherwise qualified individuals with disabilities in the United States ....shall solely by reason of 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.”

Protection Under Section 504 Persons covered under Section 504 Anyone who has a physical or mental impairment which substantially limits one or more major life activities Anyone who has a record of such an impairment Anyone who is regarded as having such an impairment

Physical and Mental Impairments Physical Impairments Psychological disorder or condition Cosmetic disfigurement Anatomical loss Mental Impairments Mental retardation Organic brain syndrome Emotional or mental illness Specific learning disabilities

Major Life Activity A major life activity includes Self care Performing manual tasks Walking Seeing Hearing Breathing Learning Working

Defining Substantial Limitation Unable to perform a major activity that an average person could perform OR Significantly restricted in the manner or duration of performance of major life activity when compared to an average person

Determining Substantial Limitation Factors to consider What is the nature and severity of the impairment? What is the duration or expected duration of the impairment? What permanent or long-lasting effect results from the impairment?

Protection Under Section 504 All students with disabilities are protected from discrimination in elementary, secondary, and postsecondary schools Equal opportunity to benefits from education as students without disabilities Equivalent, not identical, services or programs must be provided Reasonable accommodations

Protection from Discrimination School programs must be accessible to students with disabilities Not all parts of school must be accessible May not result in segregation of students with disabilities in one setting Applies to all facilities within a school Classrooms, gyms, water fountains, restrooms Facilities for students with disabilities must be comparable to general education facilities

Protection from Discrimination Architectural accessibility Program accessibility Provision of related services Participation in extracurricular and nonacademic activities Daycare Summer recreation programs Afterschool care

Reasonable Accommodations Reasonable accommodations must be provided to facilitate equal opportunity to persons with disabilities Definition has been vague Cannot impose excessive financial or administrative burdens Cannot require a fundamental or substantial modification in the program

Reasonable Accommodations Reasonable accommodations in schools may include adaptations and modifications of academic activities Preferential seating Adjusting the time to complete an assignment Allowing tape recording of lecture Allowing students to dictate answers Allowing more time to take tests Providing an interpreter

Avoiding Discrimination Disabling conditions can be considered if it is a relevant factor Schools must take actions to avoid discrimination Structural alterations Equipment redesign Class reassignment General classroom interventions

Discrimination in Postsecondary Education Applies to postsecondary education Students cannot be discriminated against in admissions to postsecondary institutions Nonacademic programs and services cannot discriminate against students with disabilities Student housing Athletics Vocational and placement services Financial assistance

Free Appropriate Public Education All qualified school-aged children are entitled to a free appropriate public education (FAPE) Issues remain over whether FAPE under Section 504 requires a higher standard to meet educational needs than reasonable accommodations

Free Appropriate Public Education Provided at no cost to parents or guardians Must be individualized Includes specially designed instruction and related services as required Developed by a group of knowledgeable persons Provided in least restrictive environment

Evaluation and Placement Procedures Evaluation must occur before placement to prevent misclassification or misplacement Instruments with documented validity Administered by trained personnel Assess specific educational areas Results accurately show student’s aptitude or achievement level Information from a variety of sources collected

Procedural Safeguards Parents must be notified of rights in native language or primary mode of communication Parents may receive an impartial hearing with counsel to settle disagreements with school Parents must be notified when eligibility or placement actions are taken Parents may examine educational records

School District Responsibilities Appointment of a Section 504 Coordinator Ensures that the district is in compliance Keeps the public and school personnel informed so that the district does not discriminate Develops the procedural safeguards and grievance procedures Conducts self-evaluation in the district to ensure compliance

School District Responsibilities Locate and identify students who may qualify for special services Annual child find Students that transfer from other districts, students in private schools, children who are homeless Referral for evaluation Teachers, parents, administrators, others Evaluation of students not eligible under IDEA Evaluations completed in timely manner

School District Responsibilities School district must develop a 504 plan for students with disabilities Developed by a multidisciplinary team Includes accommodations and modifications to student’s educational program Provided in general education or special education classrooms Reevaluation before significant changes or periodically

Section 504 Plan Describes the nature of the disability and how it impacts a major life activity Provides the basis for determining the disability Documents the educational impact Describes necessary accommodations Documents the placement

Avoiding Complaints and Hearings To avoid complaints and hearings Make good faith efforts to provide appropriate programs Involve parents to the greatest extent possible Conduct thorough and individualized evaluations Document all school and parent contacts Use mediation to resolve disputes

Filing a Grievance School district must establish grievance procedures Grievances filed if discrimination based on disability is thought to occur Can be filed by parent, student, community member, or staff member No set requirements for grievance procedures