They may include conditions such as specific learning disabilities, diabetes, epilepsy and allergies. Many students have conditions or disorders that are not readily apparent to others. What is an “impairment” as used under the Section 504 definition?Īn impairment as used in Section 504 may include any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning-, behavior- or health-related condition.
Who is an “individual with a disability”?Īs defined by federal law: “An individual with a disability means any person who: (i) has a mental or physical impairment that substantially limits one or more major life activity (ii) has a record of such an impairment or (iii) is regarded as having such an impairment”. To be covered under Section 504, a student must be “qualified ” (which roughly equates to being between 3 and 22 years of age, depending on the program, as well as state and federal law, and must have a disability). Section 504 states that: “No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or 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…”. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met. Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. This article attempts to answer basic questions pertaining to the implementation of Section 504 in public school systems. Some districts have even been heard to say, “We don’t do that in this district.” But in fact, compliance to Section 504, which is a federal statute, is not optional. Section 504 - just what exactly is it? You’ve probably heard about it, but every school district addresses Section 504 in a different manner.
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