introduction to section 504 09 08
TRANSCRIPT
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
Section 504 in General
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
Section 504 in General
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
Section 504 in Education
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
Section 504 in Education
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 & Section 504 Side by Side
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 & Section 504 Side by Side
IDEA
Specialized instruction & related services
FAPE Requirement
Formal Evaluation Requirement
SECTION 504
Reasonable accommodations & modifications
FAPE Requirement
Informal Evaluation Requirement
IDEA & Section 504 Side by Side
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 & Section 504 Side by Side
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 & Section 504 Side by Side
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 & Section 504 Side by Side
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 & Section 504 Side by Side
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 & Section 504 Side by Side
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.