Section 504 of the Rehabilitation Act protects students with disabilities from discrimination in schools. It ensures equal access to education by requiring accommodations and support services for eligible students, covering a broader range of disabilities than other laws.
The law prohibits discrimination in all school activities, including academics and extracurriculars. It mandates tailored to individual needs, such as or modified testing procedures, to level the playing field for students with disabilities.
Overview of Section 504
Protects individuals with disabilities from discrimination in programs receiving federal funding enhances educational opportunities for students with disabilities
Ensures equal access to education for students with disabilities requires schools to provide accommodations and support services
Complements other disability rights laws forms part of a comprehensive legal framework for educational equity
Purpose and scope
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Prohibits discrimination based on disability in federally funded programs includes public schools, colleges, and universities
Mandates provision of appropriate educational services to eligible students with disabilities covers a broader range of disabilities than IDEA
Applies to all school activities encompasses academic, extracurricular, and social aspects of education
Requires reasonable accommodations to ensure equal opportunities may include assistive technology, modified testing procedures, or accessible facilities
Historical context
Enacted in 1973 as part of the Rehabilitation Act addressed widespread discrimination against individuals with disabilities
Preceded the (ADA) laid groundwork for broader disability rights legislation
Resulted from efforts by disability rights activists responded to exclusion of students with disabilities from educational opportunities
Underwent significant amendments in 1974 and 1978 expanded protections and clarified implementation requirements
Legal framework
Enforced by the (OCR) within the oversees and investigates complaints
Interpreted through regulations and guidance documents provides detailed implementation instructions for schools
Interacts with other disability laws (IDEA, ADA) creates a comprehensive system of protections for students with disabilities
Establishes procedural safeguards for students and parents includes due process rights and dispute resolution mechanisms
Eligibility criteria
Determines which students qualify for Section 504 protections ensures appropriate support for those who need it
Differs from IDEA eligibility criteria covers a broader range of disabilities and conditions
Requires individualized assessment considers each student's unique circumstances and needs
Definition of disability
Physical or substantially limiting major life activities includes conditions like ADHD, diabetes, or anxiety disorders
Record of such an impairment protects individuals with a history of disability (cancer in remission)
Regarded as having such an impairment covers discrimination based on perceived disability even if not actually disabled
Interpreted broadly by courts and OCR guidance ensures comprehensive coverage of various disabilities
Major life activities
Essential functions of daily living include learning, reading, concentrating, and communicating
Bodily functions (immune system, respiratory) considered major life activities under 2008 ADA Amendments Act
Expanded definition increases eligibility for Section 504 protections covers more students with various health conditions
School performance considered a major life activity impacts eligibility determination for students struggling academically
Substantial limitations
Restricts performance of major life activities compared to most people in the general population
Evaluated without mitigating measures (medication, assistive devices) ensures fair assessment of disability impact
Considers nature and severity of the impairment accounts for duration or expected duration of the limitation
Determined on a case-by-case basis requires individualized assessment of each student's situation
Rights and protections
Guarantees equal opportunities for students with disabilities ensures access to educational programs and activities
Prohibits discrimination based on disability status applies to admissions, academic programs, and extracurricular activities
Requires schools to provide necessary accommodations and services enables students to participate fully in education
Equal access to education
Ensures students with disabilities can participate in school programs includes academic courses, extracurricular activities, and field trips
Prohibits exclusion based on disability status prevents segregation or denial of benefits
Requires removal of physical barriers mandates accessibility in school buildings and facilities
Includes access to technology and digital resources ensures equal opportunities in modern educational environments
Reasonable accommodations
Modifications to policies, practices, or procedures allow students with disabilities to participate fully in education
Must not fundamentally alter the nature of the program or create undue burden on the school
Tailored to individual student needs may include extended time on tests, note-taking assistance, or assistive technology
Determined through collaborative process involves input from students, parents, and school staff
Non-discrimination policies
Prohibit exclusion, denial of benefits, or segregation based on disability status
Apply to all aspects of school life include admissions, academic programs, and extracurricular activities
Require schools to address disability-based harassment create safe and inclusive learning environments
Mandate equal opportunity in disciplinary procedures ensure fair treatment for students with disabilities
Implementation in schools
Requires systematic approach to identifying and supporting eligible students ensures consistent application of Section 504 protections
Involves collaboration between educators, parents, and students creates individualized plans to address specific needs
Necessitates ongoing monitoring and evaluation ensures effectiveness of accommodations and services
Section 504 plans
Written documents outlining specific accommodations and services detail how the school will meet individual student needs
Developed by a team of knowledgeable individuals includes teachers, parents, and sometimes the student
Reviewed and updated regularly ensures continued appropriateness of accommodations
Less formal than Individualized Education Programs (IEPs) focus on accommodations rather than specialized instruction
Evaluation process
Determines eligibility for Section 504 protections assesses impact of disability on major life activities
Requires comprehensive assessment draws from various sources of information (medical records, teacher observations, test results)
Must be conducted by knowledgeable professionals ensures accurate identification of student needs
Includes periodic reevaluations monitors changes in student needs or disability status
Accommodations vs modifications
Accommodations change how students learn or demonstrate knowledge (extended time, assistive technology)
Modifications alter what students are expected to learn may involve changes to curriculum or academic standards
Section 504 primarily focuses on accommodations ensures equal access without fundamentally altering educational programs
Distinction important for maintaining academic integrity while providing necessary support
Comparison with other laws
Helps educators and parents understand the interplay between different disability rights laws ensures appropriate application of protections
Highlights unique aspects of Section 504 clarifies when each law applies to specific situations
Informs decision-making about student eligibility and services ensures comprehensive support for students with disabilities
Section 504 vs IDEA
Section 504 covers broader range of disabilities includes conditions not eligible under IDEA
IDEA provides more extensive services includes specialized instruction and related services
Section 504 focuses on equal access and accommodations IDEA emphasizes specially designed instruction
IDEA has more stringent procedural requirements Section 504 allows for more flexibility in implementation
Section 504 vs ADA
Both prohibit discrimination based on disability ADA extends protections to private sector and public accommodations
Section 504 applies specifically to federally funded programs ADA has broader application across society
ADA includes employment protections not covered by Section 504
Section 504 provides more detailed guidance for educational settings ADA offers general principles of non-discrimination
Responsibilities of educational institutions
Ensure compliance with Section 504 requirements create inclusive educational environments for all students
Develop and implement policies and procedures address needs of students with disabilities systematically
Train staff on Section 504 obligations promote understanding and effective implementation of protections
Identification and evaluation
Conduct Child Find activities actively seek out students who may need Section 504 protections
Implement screening procedures identify potential disabilities affecting major life activities
Obtain parental consent for evaluations respect rights of parents in the process
Use variety of assessment tools ensure comprehensive evaluation of student needs