Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 is actually a Civil Rights law, not a law specifically pertaining to the education of individuals with disabilities. It protects all people with disabilities from discrimination due to their condition. It states that no one, regardless of a disability, can be excluded from any federally funded program. IDEA measure disabilities categorically, but Section 504 measures disabilities functionally. Under this law, individuals are eligible for services if:
-they have a physical or mental impairment that significantly limits a major life activity
-they have a record of such an impairment
-they are regarded by others to have such an impairment
A "major life activity" is broadly defined, and includes activities such as seeing, running and walking. In order to comply with this law, schools are required to make reasonable accommodations for disabled persons so they can participate in any program open to the general student body. Such accommodations may include changes to the general education plan, special study areas or behavior management plans.
The vague nature of the definitions in this law allow some students who are not eligible for special education under IDEA to receive special accommodations under Section 504. An example is that a student with severe allergies may be entitled to a protection or benefit under this law, but would most likely not be covered under the IDEA umbrella. The law does not allow these accommodations to run rampant, however. It does stipulate that individuals covered must be educated with their typical peers to the maximum extent. While some special treatment is needed, massive reworkings of policies and procedures need not occur without the severe need. To help ensure this protection to the program, an accommodation plan, or 504 plan, is required to be created for each individual who is in need of special services. The plan must include the nature and severity of the individual's disability, what is going to be done to assist them, and the people in charge of carrying out the accommodations. Also, individuals covered by this law enjoy life-long protections, as it is not limited to school-age persons.
-they have a physical or mental impairment that significantly limits a major life activity
-they have a record of such an impairment
-they are regarded by others to have such an impairment
A "major life activity" is broadly defined, and includes activities such as seeing, running and walking. In order to comply with this law, schools are required to make reasonable accommodations for disabled persons so they can participate in any program open to the general student body. Such accommodations may include changes to the general education plan, special study areas or behavior management plans.
The vague nature of the definitions in this law allow some students who are not eligible for special education under IDEA to receive special accommodations under Section 504. An example is that a student with severe allergies may be entitled to a protection or benefit under this law, but would most likely not be covered under the IDEA umbrella. The law does not allow these accommodations to run rampant, however. It does stipulate that individuals covered must be educated with their typical peers to the maximum extent. While some special treatment is needed, massive reworkings of policies and procedures need not occur without the severe need. To help ensure this protection to the program, an accommodation plan, or 504 plan, is required to be created for each individual who is in need of special services. The plan must include the nature and severity of the individual's disability, what is going to be done to assist them, and the people in charge of carrying out the accommodations. Also, individuals covered by this law enjoy life-long protections, as it is not limited to school-age persons.
Why We Comply with this Law
This law is of major importance to everyone, not just schools, since it pertains to any federally funded program or institution. This protects people with disabilities in every phase of life.
In school age individuals, upholding this law is just common sense. A student that uses a wheelchair is not going to be able to access a second floor classroom without an elevator. A blind student is not going to be able to pass a keyboarding or computer science class without a Braille keyboard. Students with disabilities have the same rights as every other student, and their disability should not regulate what they can and cannot do, or where they can and cannot go, and it certainly should not limit their personal potential and growth.
In school age individuals, upholding this law is just common sense. A student that uses a wheelchair is not going to be able to access a second floor classroom without an elevator. A blind student is not going to be able to pass a keyboarding or computer science class without a Braille keyboard. Students with disabilities have the same rights as every other student, and their disability should not regulate what they can and cannot do, or where they can and cannot go, and it certainly should not limit their personal potential and growth.