Section 504

Section 504 of the Rehabilitation Act of 1973 (34 C.F.R. Part 104) is a federal civil rights statute that assures individuals will not be discriminated against based on their disability. All school districts that receive federal funding are responsible for the implementation of this law. 

Section 504 protects a student with an impairment that substantially limits one or more major life activities, whether the student receives special education services or not.

• Examples of physical or mental impairments that may be covered under Section 504 may include, but are not limited to: epilepsy, AIDS, allergies, vision impairment, broken limbs, cancer, diabetes, asthma, temporary condition due to accidents or illness, ADHD, learning disabilities, autism, depression, intellectual disability, traumatic brain injury, and post-traumatic stress disorder.
• Examples of major life activities that can be affected by the student’s disability may include, but are not limited to: learning, thinking, concentrating, reading, speaking, walking, breathing, sleeping, caring for oneself, as well as major bodily functions, including brain function, immune system function, or digestive functions.

In order to determine eligibility for services, the student must be evaluated by a team of individuals who are familiar with the student and the results shared at a team meeting in which parents or caregivers are involved. If the team determines that the student meets eligibility under Section 504, the school must develop and implement a plan that includes appropriate services and/or accommodations.