Definition
March 05, 2007
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.
Major life activities, as defined in the Section 504 regulation at
34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working. This list is not
exhaustive. Other functions can be major life activities for
purposes of Section 504.
