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Section 504 Explained

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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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