What is it?
Section 504 is the section of the Rehabilitation Act of 1973,
which applies to persons with disabilities. Basically it is
a federal civil rights law that protects the civil and constitutional
rights of persons with disabilities. Section 504 prohibits organizations
that receive federal funds (public schools are absolutely covered
under this) from discriminating against people solely because
they have a disability. Section 504 is enforced by the US Department
of Education, Office for Civil Rights (OCR).
How does it differ from Special Education Certification?
All children who qualify for special education services are
automatically protected by Section 504. It is a broader protection
than special education law because it includes more 'problems.'
Under Section 504, a student is 'handicapped' if s/he has a
physical or mental impairment that substantially limits one
or more major activities, and there is a record of that impairment.
This includes things like communicable diseases, temporary handicapping
conditions, Attention Deficit Disorder (ADD), behavior disorders,
chronic asthma and severe allergies, physical handicaps, and
diabetes, to name a few.
For example, a student who has been in a severe auto accident
and has terrible headaches cannot be discriminated against because
of the headaches. S/he is covered by Section 504 protection,
but probably does not qualify for special education status based
on headaches alone.
Problems with Section 504 and Strategies:
Section 504 is less specific than IDEA '04 about the requirements
and protections. The language is loose and many school officials
are unaware of what it really is. Because of this it is sometimes
ignored as an option for students.
One thing we sometimes do at the Center if a student is found
ineligible for special education services, but clearly is not
doing well academically in school, is put together a Section
504 plan for them. It looks like an IEPC, and can be legally
used like an IEPC.
Things that work well in Section 504 plans include:
