introduction to section 504 09 08

Section 504 Step by Step

Understanding the Basics of Section 504 and How It Compares with IDEA

Section 504 in General

Section 504 of the Rehabilitation Act of 1973

A federal anti-discrimination law

A civil rights law that prohibits discrimination on the basis of disability

Since 1973 – two years before IDEA


Applies to all ages and to areas other than public education, including federal employment, programs of federal government agencies, federal contractors, and programs or activities that receive federal funding

Implementation of Section 504 is not supported by federal funding


Provides for reasonable accommodation and in some cases modification to meet disability-related needs in education, employment, and in access to programs of the federal government or programs that are federal funded, including federal contracts

Section 504 in Education

Has special provisions that apply only to elementary and secondary education

Special education rules require the provision of FAPE, a “free appropriate public education,” the FAPE requirement parallels IDEA


Requires an eligibility determination that the student:

1. Has a disability that substantially limits one or more major life activities, and

2. Needs accommodation to prevent discriminatory treatment


Also includes person who “has a history of” or who “is regarded as having” a physical or mental impairment that substantially limits one or more life activities.

This protects people who are perceived as having a disability from discrimination even if they do not actually have a disability.

Section 504 “Substantially Limits”

“Substantially limits” is not defined in the federal regulations. However, the U.S. Office for Civil Rights (OCR), states that:

the determination is to be made by each local school district and

depends on the nature and severity of the person’s disabling condition

Section 504 “Substantially Limits”

As an additional guideline, the Americans with Disabilities Act (ADA) used the following description: “significantly restricted as to the condition,

manner, or duration under which an individual can perform a particular major life activity when compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.”

Section 504 “Major Life Activity”

Major Life Activity includes, but is not limited to:

self-care walking seeing hearing speaking

breathing working learning performing manual

tasks

Section 504 “Major Life Activity”

May include, for example: individuals with ADHD, dyslexia, cancer,

diabetes, severe allergies, chronic asthma, Tourette’s Syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders, and temporary disabilities such as a broken arm or leg or a serious injury or illness.

Section 504 Evaluation

Evaluation is needed to determine eligibility and appropriate accommodations

The eligibility process can be triggered by a request from a parent

A formal written request is strongly

recommended

Section 504

Parental involvement is important and encouraged

Parent involvement component is not as strong as under IDEA

Fewer procedural safeguards are available to students and parents than under IDEA

Section 504

Student needs and appropriate accommodations are determined by a multi-disciplinary team including the parents and the student whenever appropriate

The resulting information is documented in a written plan usually called a “504” or “Accommodation” Plan

Section 504

Each school, AEA, or other public educational agency is responsible for adopting its own due process procedures that meet the non-discrimination standard, including:

Identification of a “504 Coordinator”

Establishment of a complaint process

The availability of a hearing before a neutral third party

IDEA & Section 504 Side by Side

IDEA Federal entitlement

law

Applies to children from birth to age 21

SECTION 504 Federal anti-

discrimination(civil rights) law

Applies to all ages with special

provisions for elementary and

secondary education


IDEA Entitles eligible

children with disabilities to specialized instruction and related services

Duty to provide special services

SECTION 504 Ensures that children

with disabilities have equal access to public education

Duty not to discriminate


IDEA

Specialized instruction & related services

FAPE Requirement

Formal Evaluation Requirement

SECTION 504

Reasonable accommodations & modifications

FAPE Requirement

Informal Evaluation Requirement


IDEA

Eligibility based on:

1. Disability as defined by IDEA and

2. Need for specialized instruction to benefit from education

SECTION 504

Eligibility based on:

1. Disability that substantially limits one or more major life activities and

2. Need for accommodation to prevent discriminatory treatment


IDEA

Procedural safeguards ensure strong parental and student participation

Eligibility process can be triggered by parental request

SECTION 504

Parental and student participation strongly encouraged

Eligibility process can be triggered by parental request


IDEA

Defined system of uniform procedural safeguards including notice, mediation, and hearing rights.

SECTION 504

Procedural safeguards less defined. Agency must adopt its own complaint and hearing procedures.


IDEA

IEP, Individualized Education Plan

Plan developed by IEP team with specific membership requirements

SECTION 504

504 Plan or Accommodation Plan

Plan developed by multi-disciplinary team with members as needed


IDEA Services delivered

according to IEP in a wide variety of settings:

General education classroom

Special education classroom

Special school Home bound Hospital Residential settings

SECTION 504

Accommodations usually provided in a general education classroom setting


IDEA Schools receive

federal funding to support the provision of services

SECTION 504 Schools do not

receive any federal or state funding to implement Section 504

Questions?

The Individuals with Disabilities Education Act of 2004 (IDEA):

Special Education and Related Services Entitlement for eligible students

Section 504 of the Rehabilitation Act of 1973 (Section 504):

Reasonable accommodations and modifications No discrimination on the basis of disability

For More Information:

Parent Training and Information CenterASK Family Resource Center5665 Greendale Rd., Suite D

Johnston, IA 50131Telephone: 515-243-1713

Toll free: 800-450-8667 Fax: 515-243-1902

E-mail: [email protected] Website: www.askresource.org

ASK Resource Center

The Parent Training and Information Center of Iowa

ASK (Access for Special Kids) Resource Center is a 501(c)(3) non-profit

organization serving families of children with disabilities, with projects

funded by the U.S. Department of Education and

supported by the Iowa Department of

Education.

introduction to section 504 09 08

Education

idea section

education section

general section

basics of section

special services section

idea eligibility

idea federal entitlement

federal employment