| Many of you have asked questions about Section 504 of the Rehabilitation
Act of 1973 and how it relates to the Individuals with Disabilities Education
Act (IDEA).
Section 504 is not an exceptional education law, it is an anti-discrimination
law that expands the definition of disabled beyond the categories normally
associated with the IDEA. The IDEA provides federal funds to assist
school districts in providing an appropriate education for students with
disabilities. School districts receive no funding for Section 504.
Section 504 defines a disabled person as "any individual who has a physical
or mental impairment which substantially limits one or more of such person's
major life activities, has a record of such impairment, or is regarded
as having such an impairment." Major life activities include such
things as walking, seeing, hearing, speaking, breathing, learning, working,
caring for oneself and performing manual tasks.
It expands the definition of disability to persons who have ADHD, a
communicable disease (HIV, tuberculosis), a medical condition (asthma,
allergies, diabetes, heart disease), a temporary medical condition due
to illness or accident, a behavioral difficulty, drugs/alcohol addiction,
or some other condition which may be perceived as a disability. Students
with these conditions may not qualify for an exceptional education program
as defined by the IDEA. They may qualify under Section 504 because
one or more of these conditions may adversely impact a student's learning
(a major life activity).
Schools have an affirmative obligation to make accommodations for students
who qualify as disabled under Section 504. Students with a known
or a perceived disability are entitled to "reasonable" classroom modifications
and test modifications and adaptations. An intervention plan may
be as simple as moving a student with a vision problem from the rear to
the front of the room, changing a classroom location from the second floor
to the first for a student injured in an auto accident, or giving a student
with ADHD more time to complete a classroom exam.
Most school districts in Florida have formalized procedures for determining
a student's eligibility under Section 504 and for developing an intervention
plan. If you believe your child needs an intervention plan talk to your
child's teacher, the school counselor or the principal. Inquire about the
school's 504 procedures. Ask for a planning meeting to "make a plan"
to assist your child's learning in the classroom. Discuss your child's
problem with the school staff and together determine what can be done at
school and at home to assist your child.
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