Section 504: Rights and Responsibilities Study Guide
Overview of Section 504 of the Rehabilitation Act of 1973
Perspective on Legislation: Section of the Rehabilitation Act of serves as a persistent and often controversial challenge for public schools and other agencies receiving federal financial assistance.
Context for Increased Attention: The Office of Civil Rights (OCR) has increased efforts to ensure the protection of the rights of individuals with disabilities. This is particularly relevant for students who may have disabilities but do not meet the strict state and federal eligibility criteria for services under the Individuals with Disabilities Education Act (IDEA), such as students with ADHD.
Core Purpose: The Act provides a framework for regular or special education and related aids and services designed to meet individual educational needs of persons with disabilities as adequately as the needs of nondisabled persons are met.
Definitions and Key Concepts
Disability Definition: Under Section , a person with a disability is defined as any person who: * Has a physical or mental impairment that substantially limits one or more major life activities. * Has a record of such an impairment. * Is regarded as having such an impairment.
Physical or Mental Impairment: This is further categorized into: * (a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, including neurological, musculoskeletal, respiratory, cardiovascular, skin, and endocrine systems. * (b) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, and emotional or mental illness.
Major Life Activities (MLA): These include essential functions such as: * Caring for one's self. * Performing manual tasks. * Walking, seeing, hearing, and speaking. * Breathing, learning, and working. * Note: This language is noted to leave considerable room for subjective interpretation.
Detailed Subparts and Provisions of the Act
Subpart A: General Provisions: Prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance.
Subpart B: Employment Practices: Prohibits discrimination in recruitment, hiring, promotion, salary, or employer-sponsored activities. Employers must make "reasonable accommodations" for otherwise qualified applicants or employees with limitations.
Subpart C: Program Accessibility: Ensures individuals are not denied benefits or prevented from participation because facilities are inaccessible or unusable.
Subpart D: Preschool, Elementary, and Secondary Education: Spells out protections addressing location and notification, Free Appropriate Public Education (FAPE), educational settings, evaluation and placement, procedural safeguards, and nonacademic services.
Subpart E: Postsecondary Education: Prohibits discrimination in admissions and requires modifications to ensure academic requirements do not discriminate against qualified students with disabilities.
Subpart F: Health, Welfare, and Social Services: Prohibits recipients of federal assistance from denying benefits or providing unequal benefits to individuals with disabilities compared to nondisabled persons.
Accessibility Standards and Guidelines
Modification of Facilities: Recipients of federal funds may be required to modify existing facilities to ensure accessibility. However, they are not required to make every part of every facility accessible as long as the program as a whole is non-discriminatory.
New Construction Requirements: All parts of new facilities must be designed and constructed to be readily accessible to and usable by persons with disabilities.
Construction Guidelines: Schools should follow the American National Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped, published by the American National Standards Institute.
Subpart D: Preschool, Elementary, and Secondary Education
Location and Notification: Public schools must identify and locate every qualified person with disabilities in their jurisdiction not receiving a public education and notify them and their parents of the school's duty.
Free Appropriate Public Education (FAPE): Schools must provide regular or special education and related aids/services at no cost (except standard fees also imposed on nondisabled persons).
Educational Setting: Students must be educated with nondisabled peers to the maximum extent appropriate to their needs. This applies to academic, nonacademic, and extracurricular services like meals and recess.
Evaluation and Placement Procedures: * Schools must establish standards for evaluating persons who may need special services. * Decisions must draw from a variety of sources: aptitude and achievement tests, teacher recommendations, physical condition, social/cultural background, and adaptive behavior. * Information must be documented and considered carefully. * Decisions must be made by a group of persons knowledgeable about the child, the evaluation data, and placement options. * Periodic reevaluation is required.
Procedural Safeguards: Includes a system of notice, record examination by parents, an impartial hearing (with participation and counsel), and a review procedure.
Nonacademic Services: Schools must provide equal opportunity for participation in counseling, athletics, transportation, health services, recreational activities, and student employment.
Comparison of Section 504 and the Individuals with Disabilities Education Act (IDEA)
Scope and Reach: * Section applies to all institutions receiving federal financial assistance. * IDEA is a law with a narrower scope, applying only to qualified individuals whose disability has an "adverse effect" on educational performance.
Funding and Enforcement: * IDEA is a voluntary program providing federal financial assistance. * Section covers programs beyond K- and provides no funding; it is monitored by the Office of Civil Rights (OCR).
Eligibility Criteria: * IDEA covers specific disability areas. * Section covers students with physical or mental impairments that limit a major life activity, regardless of whether they meet IDEA criteria.
Educational Services (FAPE): * IDEA requires an Individualized Education Program (IEP). * Section can provide appropriate education through general education or related aids/services without an IEP.
Mandated School Procedures and Compliance
Referral Management: Referrals may come from parents, teachers, adult-age students, or community agencies.
Parental Notification: Parents must receive written notice of the school's intent to evaluate, including a description of the evaluation and due process rights.
Evaluation Timing: Districts must evaluate students before initial placement or any subsequent "significant change in placement."
Accommodation Implementation: Classroom teachers and staff must make necessary accommodations; parents should be consulted for input.
504 Conference Committee: A coordinator should plan a meeting with appropriate staff and parents to consider evaluation results, eligibility, unmet needs, and specific services. Reviews should occur at least annually.
Potential Discrimination Pitfalls (Table 2): * Refusing to allow a student with a disability on the honor roll. * Denying credit for absenteeism related to a disability. * Refusing to dispense medication. * Segregating students in separate classes/facilities when they could be educated in regular ones. * Prohibiting guide dogs. * Choosing inaccessible sites for programs.
Discipline Procedures for Students with Disabilities
Significant Change in Placement: Defined as expulsion, an indefinite exclusion, or a suspension for more than consecutive school days.
Patterns of Suspension: A series of suspensions totaling more than days in a school year may also constitute a change in placement depending on duration, proximity, and total time.
Reevaluation Requirement: Before implementing a significant change in placement, schools must conduct a reevaluation to determine if the behavior was caused by the disability.
Discipline Exceptions: * Students served solely for alcohol or drug addiction who violate rules related to drug/alcohol use/possession are excluded from certain protections. * If misconduct is not related to the disability, students may be expelled and services ceased if same-age peers would experience the same. * Gun-Free Schools Act: Students who bring guns (unrelated to disability) are subject to expulsion (typically for the school year) and cessation of services.
Parental Rights under Section 504
Core Rights: * Participation in programs without discrimination. * Notice regarding identification, evaluation, and placement. * Education in comparable facilities. * Access to medical records and the right to request amendments for inaccuracies. * Right to a response for explanations of records.
Due Process Rights: * Request mediation or an impartial due process hearing. * Representation by counsel at hearings. * Right to ask for reasonable attorney fees if successful in a claim. * Right to file a local grievance.
Records Access: Request copies of records at a reasonable cost, unless the fee effectively denies access.
Illustrative Case Study: ADHD and Section 504
Resurgence of Interest: ADHD advocacy groups have utilized Section for services when IDEA criteria are not met.
Diagnosis and Assessment: Schools are responsible for assessing if a major life activity is impaired; they do not require a medical label of ADHD to provide services. A medical diagnosis by a health professional is only required if the school seeks to qualify the student under the "Other Health Impaired" category of IDEA.
Assessment Grounds: Failing grades, patterns of suspension, chronic behavior problems, or failure to complete homework are sufficient grounds to initiate evaluation.
Medication as a Related Service: Psychostimulant or antidepressant medication is often prescribed for ADHD. Schools must ensure safe and timely administration as a related service under FAPE but cannot compel the administration of medication.
Common Classroom Accommodations and 504 Plan Example
Accommodations for ADHD (Table 5): * Staying on Task: Seat child near teacher or positive models; provide study carrels; remove distractions. * Starting Work: Highly structured daily routines; cueing for future events or transitions. * Managing Energy: Use as office runner; provide stand-up desks; allow gum chewing or safe objects to manipulate. * Organization: Write assignments on board; use assignment notebooks and labeled folders; teach outlining and planning. * Task Completion: Break lessons/assignments into short time periods or "chunks." * The "Bad Day": Prearranged "emergency" signals or cool-off locations.
Sample 504 Plan: Jason Smith: * Birthdate: ; Date of Meeting: . * Concerns: disruptive behavior, distractions, only assignment completion. * Determination Basis: Physician diagnosis of ADHD; psychologist observation showing on-task rate; Conners Rating Scale results. * MLA Impact: ADHD significantly limits benefits from instruction; affects reading, writing, and social relationships. * Specific Accommodations: Seating near teacher; study carrel option; breaking seatwork into segments with -minute breaks; self-monitoring strategies; positive reinforcement program.