Section 504 of the Rehabilitation Act of 1973

Purpose

• Prohibit discrimination against persons with disabilities in programs receiving federal financial assistance

• Extends to related services, extracurricular activities and accessibility

• Covers students preschool through postsecondary and institutions

• Also applies to school district programs such as day care, afterschool care, and summer recreation programs

Who is Protected?

• Requires school personnel to identify students with disabilities and afford those students educational opportunities equal to those received by students without disabilities

• Section 504 does not apply to schools that receive no direct or indirect federal funds

• Definition is broader than that under IDEA• 3 parts: 1.) physical or mental impairment, affect a

major life activity(usually learning), and be substantial 2.) Those who have a record of an impairment 3.) Those regarded as being disabled

Who Is Protected (cont.)• The 2nd and 3rd parts generally only apply in the

areas of employment• It is only when a student is discriminated against

based on the perception he or she has a disability or because he or she had a disability that a student is entitled to the protections of 504.

• Under Section 504, students must have a disability that limits a major life activity (walking, seeing, hearing, learning)

Who is Protected (cont.)

• Physical impairments- broadly defined that impact learning (major life activity)

• Mental impairment- if the conditions are recognized by medical authorities

• Major life activity- from an educational perspective, the relevant life activity is learning

• Record of an impairment- students no longer on an IEP or were incorrectly classified as disabled

Who is Protected (cont.) • Otherwise qualified- all persons who

were qualified in spite of their handicap• All students of school age are qualified• Summary- IDEA students also

protected under 504, students not covered under IDEA, but have a disability are protected, those students treated as if they have a disability are protected, and also covers facilities, extracurricular, parents and employees

Principles

• Protection form discrimination- schools must make reasonable modifications to programs to ensure that discrimination does not occur

• Not permissible to discriminate based on perception of a disability

• Avoiding discrimination- reasonable accommodations• Relevant factors-size, type, budget, nature and cost

Principles (cont.)

• Reasonable accommodations- examine individual needs of students with disabilities and make a professional judgment about what can and cannot be done to accommodate their needs

FAPE• Section 504 appropriate definition is one of

equivalency• Developed by a group of knowledgeable people

based on evaluation data• Individualized accommodation plan- nature of

disability and major life activity limited, how disability determined, educational impact and necessary accommodations and placement

• As adequately as the needs of nonhandicapped persons are met

• Equivalency is key

Evaluation and Placement

• Purpose- prevent misclassification and misplacement• Group decision• Individual needs

Procedural Safeguards

• Must have a system of due process procedures

Program Accessibility

• Programs need to be accessible

• If separate facilities, they must be comparable

School District Responsibility

• Procedural Responsibilities include: appointment of a coordinator, notification of responsibilities under 504, establishment of grievance procedures, self-evaluation, and staff training

School District Responsibility (cont.)

• Identification and Evaluation: CASE recommendations include suspension or expulsion considered, retention, not benefiting from instruction, returns from a serious illness, diagnosed by an outside source, chronic health condition, at risk, potential dropout, substance abuse, suspected disability

School District Responsibility (cont.)

• Educational programming- accommodation plan

• Placement- MDT

• Reevaluation- change of placement and periodically

• Procedural Safeguards- notice and grievance

Enforcement of 504

• Grievance procedures established- up to the district

• OCR investigates