1. Section 504 of the Rehabilitation Act of 1973

2. 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.”

3. 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

4. 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

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

6. 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

7. 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?

8. 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

9. 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

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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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