Section 504 is a part of the Rehabilitation Act of 1973 which is a federal statute, not a state statute. Basically, Section 504 is an anti-discrimination, civil rights statute which insures the needs of students with disabilities are met as adequately as the needs of all students in educational system.

Section 504 (29 U. S. C. 794(a), 34 C. F. R. 104.4(a) “No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, 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….

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In order to be covered by Section 504, a student must be between 3 and 22 years old. The age will vary according to programs and the person must have a disability. Disability is defined by Federal Law as: “An individual with a disability means any person who (1) has a mental or physical impairment that substantially limits one or more major life activity; (2) has a record of such an impairment; or (3) is regarded as having such an impairment.” ( 34 C. F. R. 104.3(j)(1)  This may include any disability, long-term illness, or various disorder that adversely reduces or lessens a student’s ability to access learning in an ordinary school setting because of a learn-related, behavior-related, or health-related condition.

While impairments are readily apparent, other conditions or disorders are not easily seen by others. These include specific learning disabilities, diabetes, epilepsy, and allergies. Under Section 504, other disabilities such as low vision, poor hearing, heart disease or chronic illness are also considered if they are considered an “impairment.”

As of January 1, 2009, with the reauthorization of the Americans with Disabilities Amendment Act, disabilities in reading, concentrating, standing, lifting, bending, etc. were added to Section 504. Because of this addition, Section 504 now includes individuals with AS/HD, dyslexia, cancer, diabetes; sever allergies, chronic asthma, Tourette’s syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders and temporary disabilities.

Anyone is able to refer a child for evaluation under Section 504, but the child’s school district must have reason to believe that the child is in need of services provided by Section 504. Thus the school district in which the child resides must feel that the child needs the referral.  At this point, parents are excluded from many of the decision making factors. This constitutes a major flaw in Section 504.  A child cannot be placed under Section 504 without notifying the parents, and the parents must be given a copy of their child’s Section 504 accommodation plan if the school committee determines the child is eligible. If parents feel that their child should be evaluated, they may do so, but they will need to pay for all expenses incurred by the testing.

The Section 504 child will remain in the regular classroom but will be provided certain accommodations. These accommodations include:
Highlighted textbooks, extended time on tests or assignments, peer assistance with note taking, frequent feedback, extra set of textbooks for home use, computer aided instruction, enlarged print, positive reinforcements, behavior intervention plans, rearranging class schedules, visual aids, preferred seating assignments taping lecture, oral, and individual contracts.