Section 504 is a part of the Rehabilitation Act of 1973. It is not a special education program. Any student with a disability that interferes with a major life activity is qualified for educational services and accommodations. Students who qualify for AD/HD services under Section 504 must have a demonstrated disability and are entitled to a written student plan (504 Accommodation Plan). The plan should describe the student’s disability(ies) and the ways the disability(ies) prevent(s) performance of a major life activity (learning) and detail all services and/or accommodations which a school committee has decided to provide. Parent participation should be encouraged to assist in the development of this plan.
Section 504 is a civil right: “No qualified individual 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.”
A school district
discriminates, in violation of 504, when it:
1. Denies a person with disabilities the opportunity to participate in or benefit from an aid or service which is afforded students without a disability (e.g., district practice of refusing to allow any student with a disability the opportunity to be on the honor roll; denial of credit to a student whose absenteeism is related to his/her disability; expelling a student for behavior related to his/her disability; refusing to dispense medication to a student who could not attend school otherwise).
2. Fails to afford the student with disabilities an opportunity to participate in, or benefit from, the aid or service that is equal to that afforded others.
3. Fails to provide aids or services to the person with disabilities that are as equally effective as those provided to non-disabled persons (e.g., placing a student with a hearing impairment in the front row as opposed to providing him/her with an interpreter). Note: “Equally effective” means equivalent as opposed to identical. Moreover, to be equally effective, an aid or service need not produce equal results; it must merely afford an equal opportunity to achieve equal results.
4. Provides different or separate aids or services unless such action is necessary to be as effective as the aids, benefits, or services provided to other students (e.g., segregating students in separate classes, schools or facilities, unless necessary).
5. Perpetuates discrimination by providing significant assistance to an agency, organization, or person that discriminates on the basis of a disability.
6. Denies a person with disabilities the opportunity to participate as a member of a planning or advisory board strictly because of a disability.
7. Limits the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others (e.g., prohibiting a person with a physical disability from using a service dog at school).
8. Makes selections in determining the site or location of a facility which effectively excludes persons with disabilities, denies them benefits, or otherwise subjects them to discrimination.
Passage of the American Disabilities Act (ADA) in 1990 reaffirmed the same prohibition and extended it to
organizations that do not receive federal funds. Section 504 and the ADA protect persons from discrimination based upon their disability status. In as much as ADA largely overlaps with Section 504, this handbook generally uses the term “Section 504/ADA.”
No qualified person with a disability shall be denied the benefits of, be excluded from participation in, or be otherwise subjected to discrimination under any program or activity because facilities are inaccessible or unusable.
Elementary and secondary schools operating preschool and adult education programs must take into account the needs of qualified persons with disabilities in determining the aid, benefits, or services to be provided under these programs or activities.
There has been much confusion regarding the relationship between Section 504/ADA and special education laws and regulations. It must be emphasized that Section 504/ADA falls under the responsibility of the general education program. The school staff and parents need to work in collaboration to help guarantee that the student is provided with the necessary accommodations and/or services. A student who is found to be disabled under Section 504/ADA should be served by the staff and resources of the general education program. The exception to this standard would be a student who has been determined eligible as disabled under the Individuals with Disabilities Education Act (IDEA). Such a student could receive special education as well as accommodations required under Section 504/ADA.
If a district has reason to believe that because of a disability as defined under Section 504/ADA a student needs special accommodations or services in the general setting in order to participate in the school program, the district must evaluate the student. If it is determined that the student is disabled under
Section 504/ADA, the school district must develop and implement the delivery of all needed services and/or accommodations.
A person is disabled within the definitions of Section 504/ADA if he or she:
1. Has a mental or physical impairment that substantially limits one or more of such person’s major life activities;
“Major life activities” include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
When a condition does not substantially limit a major life activity, the individual does not qualify under Section 504/ADA.
2. Has a record of such impairments; or
3. Is regarded as having such an impairment.
Items two and three of the definition become effective only when discrimination occurs based on the record.
Section 504 has three major areas of relevant emphasis: employment practices, program accessibility, and requirements for preschool, elementary, and secondary education. The ADA specifies further details concerning employment practices and program accessibility.
The determination of what services and/or accommodations are needed must be made by a group of persons knowledgeable about the student. The parents should be included in this process whenever possible. The group must review the nature of the disability and how it affects the student’s education. The decisions about Section 504/ADA eligibility and services must be documented in the student’s file and reviewed periodically.
In summary, it is important to keep in mind that some students who have physical or mental conditions that limit their ability to access and participate in the education program are entitled to rights under Section 504/ADA even though they may not fall into special education categories.
Section 504 is a civil rights law, which guarantees equal access to individuals with disabilities in all federally funded programs such as public schools. Approximately 30 percent of students with the AD/HD medical condition do qualify under one of the disability categories listed for IDEA or the Tennessee State Board of Education Rules. The remaining 70 percent of the students with AD/HD remain in general education programs and may be eligible for accommodations and services under Section 504 of the Rehabilitation Act of 1973. Although AD/HD is not specifically listed in Section 504, it is generally recognized that it is covered in the law’s general definition of mental learning or psychological disorder and generally included in USDA policy memorandum. A student with a disability such as AD/HD which interferes with a Major Life Activity (caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, learning, or working) may be eligible for Section 504 accommodations or services in order for him/her to access an appropriate education.
Schools must provide a free appropriate education to Section 504/ADA covered students with disabilities who live in their jurisdiction. Instruction or accommodation must be individually designed to meet the needs of the student as adequately as the needs of students without disabilities. This standard of what is “appropriate” differs from the special education “appropriate” standard which requires the district to design a program reasonably calculated to confer educational benefit under an Individual Educational Program (504 Plan). Section 504/ADA services also may include the provision of a “related service” without accompanying special education.
The quality of educational services provided to students with disabilities must be equal to the quality of services provided to non-disabled students. Teachers, administrators, and staff should receive ongoing training in the requirements of the three statutes: (1) Individuals with Disabilities Education Act, (2) Section 504, and (3) ADA. It is important for teachers to be knowledgeable about appropriate materials, equipment, and classroom accommodations that may help students to have access to a free appropriate education.