Section 504
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination against individuals on the basis of a disability. Section 504 specifically states that “no otherwise qualified individual with disabilities in the United States…shall, solely by reason of his/her 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 requires that the needs of students with disabilities be met as adequately as the needs of their non-disabled peers.
A student MAY be considered disabled under the definition in Section 504 if the individual:
a. has a mental or physical impairment which substantially limits one or more of the individual’s major life activities,
b. has a record of such an impairment, or
c. is regarded as having such an impairment.
When a condition does not substantially limit a major life activity, the individual does not qualify for services under Section 504.
What is a major life activity?
The statutory definition of “major life activity” includes functions such as: caring for one’s self, performing manual tasks, walking, hearing, seeing, breathing, working, or learning. The list is not exhaustive.
What does the term “substantially limits” mean?
“Substantially limits” means that the individual: (1) cannot perform a major life activity that the average person in the general population can perform; or (2) is significantly restricted as to the condition, manner or duration under which the individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform the same major life activity. This determination is made only on a case-by-case basis.
Making the Eligibility Decision
Referral for Section 504 consideration/services does not necessarily mean the student is eligible for Section 504 services. A child’s identified disability does not automatically result in eligibility for Section 504 services. Students who are found ineligible for special education and related services may not be automatically eligible for Section 504 services. It is the school’s Section 504 Committee’s responsibility to make an eligibility determination for each student.
For more information regarding Section 504, contact your child’s school counselor.
Section 504 Guidance Document