Section 504 of the Rehabilitation Act of 1973 (Section 504) is a Federal civil rights statute that prohibits discrimination/ harassment on the basis of a disability in any program or activity receiving Federal financial assistance.

Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.

Section 504 protects students with a mental or physical disability from discrimination/harassment. Students are also protected from discrimination /harassment under the law if they have a record of a disability or are regarded as having a disability but in fact are not currently disabled.

Each district is required to have a plan to identify students that may have a disability and qualify for Section 504. The parents may, and should be encouraged to, inform the school district when their child has a disability. In many cases, a student’s disability will be disclosed in the student’s health history or a parent may present a doctor’s letter listing a medical diagnosis and perhaps what accommodations are needed. A school district should consider the doctor’s recommendations along with other information collected as part of a complete evaluation. While it is the doctor’s responsibility to diagnose and treat medical conditions, it is the school district’s responsibility to evaluate the student’s needs using multiple sources to determine if the student is eligible and to develop and implement any necessary accommodations or services for the student.
 

Section 504 of the Rehabilitation Act of 1973 protects persons from discrimination based on their disability status. A person is considered
to have a disability within the definition of Section 504 if he or she:

• has a mental or physical impairment which substantially limits one or more of such person’s major life activities;
• has a record of such impairments; or
• is regarded as having such an impairment.

In general terms, this means that without modifications and/or interventions, the student would not have a comparable opportunity to an appropriate education. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

HOW IS “SUBSTANTIALLY LIMITS” DEFINED?
Unless a mental or physical condition substantially limits a major life function, the person does not qualify under Section 504. The Americans With Disabilities Act (ADA) and its 2008 Amendments did not change the “substantially limits” language but it does suggest that while a significant limitation must be present it need not prevent or severely restrict the performance of a major life activity. Another change is that when a district determines limitation they may not consider ameliorative effects of medication or other medical treatments. Contact lenses and ordinary eyeglasses are the only mitigating measures that can be considered to determine whether impairment is substantially limiting.

WHAT IS A “MAJOR LIFE ACTIVITY”?
“Major life activities” include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. The ADA Amendments Act of 2008 includes a non-exhaustive list of major activities such as sleeping, eating, concentrating, and the operation of “major bodily functions” such as immunity, normal cell growth, elimination, digestion, and endocrine function. School staff should consider possible 504 evaluation for any health condition that substantially impacts even one major life function.

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Section 504 Plan AR 6164.6