What is Section 504?
Section 504 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. §794, ("Section 504"), prohibits
discrimination on the basis of disability in any program or activity
receiving Federal financial assistance, and requires recipients of such
assistance to take positive steps (such as providing accessibility and
reasonable accommodations) to ensure equal opportunity for persons with
disabilities in their programs and activities.
A student with a disability under Section 504 means any student who:
- Has
a disability, which substantially limits one or more of the student’s
major life activities and has a record of such a disability.
- Or, is regarded as having such a disability.
It
is important to note that any student eligible for special education
and related services is also protected from discrimination under Section
504, but that not all students who are eligible under Section 504 meet
the eligibility requirements for special education and related services.
A student who is suspected of requiring special education and related
services should be referred for a special education assessment. If an
IEP (Inpidualized Education Program) team finds the student is not
eligible for special education, but suspects the student has a
disability, it may refer the student for the Section 504 evaluation
process.
Click the following link to download the notice of parent and student rights under Section 504.
Notice of Parent and Student Rights Under Section 504 of the Rehabilitation Act of 1973
Additional information can also be found within the Forms and Resources section of our website.
Note:
Major life activities may include but are not limited to functions such
as bending, breathing, caring for one’s self, communicating,
concentrating, eating, hearing, learning, lifting, performing manual
tasks, reading, seeing, sleeping, standing, speaking, thinking, walking,
and working. Major life activities may also include, but not be limited
to: functions of the immune system, normal cell growth, and digestive,
bowel, bladder, neurological, brain, respiratory, circulatory,
endocrine, and reproductive functions.
(1) Source: U.S. Department of Labor
Applicable Statues and Regulations
504 Rehabilitation Act
(2) Source: U.S. Department of Education, Office of Civil Rights
Protecting Students with Disabilities
Frequently Asked Questions About Section 504 and the Education of Children with Disabilities