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Section 504 |
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Definition: Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal funds from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . 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 . . . ." The
Section 504 regulation requires a school district to provide a "free
appropriate public education" (FAPE) to each qualified student with a
disability who is in the school district's jurisdiction, regardless of
the nature or severity of the disability. FAPE consists of the provision
of regular or special education and related aids and services designed
to meet the student's individual needs.
Section 504 covers qualified students with disabilities who attend
schools receiving Federal financial assistance. To be protected under
Section 504, a student must be determined to: 1) have a physical or
mental impairment that substantially limits one or more major life
activities; 2) have a record of such an impairment, or 3) be regarded as
having such an impairment. Section 504 requires that school districts
provide a free and appropriate public education (FAPE) to qualified
students in their jurisdictions who have a physical or mental impairment
that substantially limits one or more major life activities. The
determination of whether a student has a physical or mental impairment
that substantially limits a major life activity must be made on the
basis of an individual inquiry. The Section 504 regulation, at 34 C.F.R.
104.3(j)(2)(i), defines a physical or mental impairment as any
physiological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the following body systems:
neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive; genito-urinary;
hemic and lymphatic; skin; and endocrine; or any mental or psychological
disorder, such as mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities. The regulation
does not set forth an exhaustive list of specific diseases and
conditions that may constitute physical or mental impairments because of
the difficulty of ensuring the comprehensiveness of such a list.
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