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Understanding the Rehabilitation Act: Section 504

What is the legislation?

Section 504 provides:

No otherwise qualified individual with a disability in the United States, as defined in section 7(20) shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. (www.epa.gov/civil rights)

Not a special education law. It is a civil rights law

Section 504 has provided opportunities for children with disabilities in education, employment and various other settings. It allows for reasonable accommodations such as special study area and assistance as necessary for each student

Historical Context

Why the increased attention?

  • Emergence of disabilities not covered by the IDEA (ADHD, ODD)The passage of the ADA (1990)
  • Parental awareness)Enforcement by the Office of Civil Rights (The Law of Special Education, 2nd Edition)

504 plans and Assistive Technology

FM wireless hearing sets for teachers

Providing large print books

In-class word processors Transportation

Scribe

Mobility devices

Thank you for your attention!

References

http://www.wrightslaw.com/advoc/articles/504_IDEA_Rosenfeld.html

http://www.ped.state.nm.us/rti/dl10/504%20Tip%20Sheet.Related%20Services.pdf

http://www.concordspedpac.org/Section504.html

Qualify for 504 but not IEP

Students who may be protected by Section 504, but who may not be eligible for services under the IDEA:

- students with Attention Deficit Hyperactivity Disorder (ADHD)

- students with communicable diseases (i.e., Hepatitis)

- students with temporary disabilities arising from accidents who may need short term hospitalization or homebound recovery

- students who had surgery and short term hospitalization or homebound recovery

- students with migraine headaches, with a lengthy history of missing school

- students with allergies or asthma

- students with diabetes, cancer, heart disease

- students who are drug addicted or alcoholic (as long as they are not currently using illegal drugs)

- students with environmental illnesses

- students with orthopedic, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis

- students with visual, speech, and hearing impairments

  • Section 504 of the Rehabilityation Act was established in 1973 (before ADA)
  • Section 504 was amended in 1987 and again in 2003

Assistive technology must be included in the 504 plan in order for the school to be responsible for providing it

Who pays?

  • Federal government does not provide any money to support services.
  • school districts are legally responsible for providing AT in the 504
  • Parents are not responsible for paying for technology
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