Overview

Section 504 prohibits discrimination against disabled persons, including students and staff by organizations receiving Federal financial assistance. Since virtually all public schools receive some type of Federal assistance, they are required to comply with section 504.
 
 Within the past several years, the Office for Civil Rights (OCR) has become active in the field of education of disabled individuals. Advocacy organizations and the legal system, likewise have increasingly focused on section 504's requirements to insure that the education system provides the full range of special accommodations and services necessary for students with special needs to participate in and benefit from public education programs and activities. The substance of the section 504 legislation reads as follows:

"No otherwise qualified handicapped individual in the United States as defined in section 7(6), shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity actively receiving federal financial assistance..."
 
 The term "qualified handicapped individual " is defined as :

"any person who (i) has a physical or mental impairment which substantially limits one or more of such persons major life activities, (ii) has a record of such impairment or (iii) is regarded as having such an impairment..."

 

Preschool, Elementary and Secondary Education

Included in the U.S. Department of Education regulations for section 504 is the requirement that handicapped students be provided with a free appropriate public education (FAPE). These regulations require evaluation, identification, provision of appropriate services, and procedural safeguards for qualified handicapped persons.
 
If a district has reason to believe that, because of a handicap as defined under section 504, a student needs either special accommodations or related services in the regular setting in order to participate in the school program, the district must evaluate the student. The School District of Rhinelander manual regarding section 504 includes a list of situations where it would be appropriate to consider a referral for consideration of the existence of a handicap and possible 504 protection. It includes situations where students have been suspended, expelled, considered for retention, or exhibits a chronic health condition.

The determination of what services are needed must be made by a group of persons who are knowledgeable about the student. The group should review the nature of the disability, how it affects the students' education and whether specialized services are needed. The decision about section 504 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 even though they may not fall into IDEA categories and may not be covered by that law. It is also important to realize that Section 504 is not an aspect of special education. Rather it is a responsibility of the comprehensive general public education system. As such, regular education staff members are responsible for its implementation within districts. Special education staff members may participate in the identification process but cannot ultimately be the responsible providers of services.

Referral