Section 504

Information re: Section 504 of The Rehabilitation Act of 1973 For Staff, Parents and Community

Questions & Answers Regarding Section 504

What is Section 504?
Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) is major federal legislation that impacts public schools. It is civil rights legislation which protects the rights of school-age children with disabilities. Section 504 specifically prohibits schools from discrimination on the basis of handicap or disability and requires the provision of a free, appropriate public education (FAPE). Section 504 is not a special education program or funding law. It is a general or regular education responsibility.

Are all schools required to adhere to Section 504?
Yes. All schools that receive any federal financial assistance must comply with Section 504 of the Rehabilitation Act of 1973. Public schools are required to provide accommodations for students who are eligible for Section 504 services.

Who is eligible for Section 504 services?
This law defines as eligible any individual with a handicap or disability if he/she:

  • Has a physical or mental impairment that substantially limits one or more major life activities (major life activities include such things as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working).
  • Has a record of such an impairment; or
  • Is regarded as having such an impairment.

Some children, who have been evaluated and found ineligible for special education, may nonetheless be disabled under Section 504. Unlike special education, there are no categories of handicaps or disabilities under Section 504. Any child who is eligible under special education will automatically be disabled under Section 504. Compliance with special education procedures will meet Section 504 requirements for these children. Under Section 504, a student is eligible if he/she meets the definition of "qualified handicapped person." The student is not required to be in need of special education in order to be eligible.

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