504 Accommodations
SECTION 504 OF THE 1973 REHABILITATION ACT
Section 504 prohibits discrimination against handicapped persons, including, among others, both students and staff members, by school districts receiving federal financial assistance. Included in the U.S. Department of Education regulations for Section 504 is the requirement that handicapped students be provided with free appropriate public education (FAPE). These regulations require identification, evaluation, the provision of appropriate services, and procedural safeguards.
With respect to most handicapped students, many aspects of the Section 504 regulation concerning FAPE parallel the requirements of the Individuals with Disabilities Education Act (IDEA) (formerly the Education of All Handicapped Children Act). However, in some other respects the requirements of the laws are different.
The IDEA defines as eligible only students who have certain specified types of impairments and who, because of one of those conditions, need special education. Section 504, on the other hand, protects all handicapped students, defined as those having any physical or mental impairment that substantially limits one or more major life activities. Section 504 covers all students who meet this definition, even if they do not fall within the IDEA-enumerated categories and even if they do not need to be in a special education program.
If a district has reason to believe that, because of a handicap as defined under Section 504, a student needs either special education or related services in the regular setting in order to participate in the school program, the district must evaluate the student; if the student is determined to be handicapped under Section 504, the district must develop and implement a plan for the delivery of services.
What is required for the Section 504 evaluation and placement process is determined by the type of handicap believed to be present, and the type of services the student may need. The evaluation must be sufficient to accurately and completely assess the nature and extent of the handicap, and the recommended services.
Under Section 504, the parents or guardian must be provided with notice of actions affecting the identification, evaluation, or placement of the student and are entitled to an impartial hearing if they disagree with district decisions in these areas.
Students who have physical or mental conditions that limit their ability to participate in the education program are entitled to rights under Section 504 even though they may not fall into IDEA categories and may not be covered by that law.
[1] The terms “handicap(s)” or “handicapped” are used interchangeably with the term “disability,” “disabilities” or “disabled” herein.
Section 504 prohibits discrimination against handicapped persons, including, among others, both students and staff members, by school districts receiving federal financial assistance. Included in the U.S. Department of Education regulations for Section 504 is the requirement that handicapped students be provided with free appropriate public education (FAPE). These regulations require identification, evaluation, the provision of appropriate services, and procedural safeguards.
With respect to most handicapped students, many aspects of the Section 504 regulation concerning FAPE parallel the requirements of the Individuals with Disabilities Education Act (IDEA) (formerly the Education of All Handicapped Children Act). However, in some other respects the requirements of the laws are different.
The IDEA defines as eligible only students who have certain specified types of impairments and who, because of one of those conditions, need special education. Section 504, on the other hand, protects all handicapped students, defined as those having any physical or mental impairment that substantially limits one or more major life activities. Section 504 covers all students who meet this definition, even if they do not fall within the IDEA-enumerated categories and even if they do not need to be in a special education program.
If a district has reason to believe that, because of a handicap as defined under Section 504, a student needs either special education or related services in the regular setting in order to participate in the school program, the district must evaluate the student; if the student is determined to be handicapped under Section 504, the district must develop and implement a plan for the delivery of services.
What is required for the Section 504 evaluation and placement process is determined by the type of handicap believed to be present, and the type of services the student may need. The evaluation must be sufficient to accurately and completely assess the nature and extent of the handicap, and the recommended services.
Under Section 504, the parents or guardian must be provided with notice of actions affecting the identification, evaluation, or placement of the student and are entitled to an impartial hearing if they disagree with district decisions in these areas.
Students who have physical or mental conditions that limit their ability to participate in the education program are entitled to rights under Section 504 even though they may not fall into IDEA categories and may not be covered by that law.
[1] The terms “handicap(s)” or “handicapped” are used interchangeably with the term “disability,” “disabilities” or “disabled” herein.
