Section 504
of the Rehabilitation Act of 1973
Section 504 is part of the Rehabilitation Act of 1973. Because
it is a broad-based civil rights law, it has great meaning for
children with special needs. While all students who qualify for
Individuals with Disabilities Education Act (IDEA) '97 qualify
for Section 504, not all students who qualify for Section 504
meet the requirements for one of the categories under IDEA '97
or Maine State Education Regulation (MSER).
Given this, if your child does not qualify under IDEA '97 for
special education services, your school Pupil Evaluation Team
(PET) should refer your child for consideration under Section
504. Once the school is made aware of a child's special needs
and they are not met, the school may be held liable. Unlike IDEA
'97, Section 504 may hold a school liable for monetary compensation
for damages.
Any program that receives federal financial assistance from
the U.S. Department of Education must respect the civil rights
of children by offering equal services and facilities. This includes
early intervention services at all public schools - preschool
through college or university.
Section 504 is not an aspect of "special education;"
rather it is the responsibility of the comprehensive general public
education system. The intent of Section 504 is to accommodate
for differences within the regular education environment. For
this to be accomplished, all public education staff must be provided
with awareness activities and given specific information concerning
the district's policies and procedures for dealing with Section
504 referrals.
To determine eligibility for Section 504, a group of persons
knowledgable about the student must meet to review evaluations
and concerns to determine what services might be needed.
Section 504 protects all students with handicaps, defined as
those having a physical or mental impairment that substantially
limits one or more major life activities. The physical impairment
may be physiological, cosmetic, or anatomical; the mental impairment
may be psychological, intellectual, or emotional. Major life activities
include but are not limited to seeing, hearing, walking, breathing,
speaking, using one's hands, caring for oneself, and learning.
Some examples of conditions that may be covered are individuals
with:
- Health needs such as asthma, diabetes, and epilepsy
- Some individuals with Attention Deficit Disorder,
Attention Deficit Hyperactivity Disorder (ADD/ADHD)
- Communicable disease (including AIDS) meeting certain
criteria
- Drug and alcohol dependency
- Some individuals who are considered to be "socially
maladjusted"
- Some individuals with specific learning disabilities
- A student removed from special education that exhibits
a physical or mental impairment and meets the requirements
Section 504 is a simple law in that it deals with function (what
must be done) but not form (how to do it). It does say each district
must develop a written plan for dealing with Section 504 issues
and have a Section 504 coordinator. The parent or guardian must
be provided with notice of action affecting the identification,
evaluation, and placement of the student. They are entitled to
an impartial hearing if they disagree with the district's decisions.
Qualified personnel must perform evaluations of students. These
evaluations must also be sufficient to completely and accurately
assess the nature and extent of the handicap, and the recommended
services. Schools must also develop and implement a written plan
for the delivery of all needed services for each qualifying student,
sometimes known as an Individual Accommodation Plan (IAP).
Since Section 504's wording deals with function only, there
are no specifics to refer to when judging whether or not a school
is in compliance. Historically courts have looked to the regulations
governing IDEA '97 for clarity to determine compliance.
The Office of Civil Rights (OCR) is the enforcing branch of
government that oversees Section 504. While OCR does not provide
funding for education, its job is to ensure that the education
system provides the full range of accommodations and services
necessary for students with special needs to participate in and
benefit from public education programs and activities. If OCR
finds that a school district, or any agency that holds a contract
with the school district, discriminates against individuals with
disabilities it has the power to remove federal funds.
If you have questions or concerns about Section 504, call or
write: Region 1, U.S. Department of Education, Office of Civil
Rights, McCormick POCH, Rm. 222, Boston, MA 02109, (617) 565-7220.
