Section 504

Section 504 of the Rehabilitation Act of 1973 is a major piece of federal antidiscrimination legislation designed to protect the civil rights of individuals with disabilities. For years, section 504 was concerned with employment practices. Recently, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services has become more concerned with enforcing section 504 in education.

No state or local school district that receives federal funds can discriminate against students, parents, or staff members with disabilities. While section 504 is frequently considered with reference to making academic accommodations for students with disabilities, it also applies to providing accommodations such as ramps to get into schools, adequacy of restrooms for wheelchairs, and other accommodations for students, parents, and staff with disabilities.

The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services, which is the federal agency that monitors section 504, describes a qualified student with a disability as one who is:

• Of an age during which persons without disabilities are provided such services
• Of any age during which it is mandatory under state law to provide such services to students with disabilities
• A student for whom a state is required to provide a free appropriate public education under the Individuals With Disabilities Education Act (IDEA)

For an individual to be covered under section 504, the individual must have a disability, as defined in the Act, and be otherwise qualified. This means that a person with a disability must be qualified to do something (i.e., work, attend school) before the presence of a disability can be a factor in discrimination. Under section 504, a person is considered to have a disability if that person (29 U.S.C. Sec. 706[8]):

• Has a physical or mental impairment that substantially limits one or more of the individual's major life activities
• Has a record of such an impairment
• Is regarded as having such an impairment

The Act defines a physical or mental impairment as:

(a) 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; genitourinary; hemic and lymphatic; skin; and endocrine; or (b) any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

[Page 487]Section 504 requires that the person have a physical or mental impairment that substantially limits one or more of the person's major life activities. The second part of the definition relates to the impact of the physical or mental impairment on a major life activity. The Act defines a major life activity as (34 Code of Federal Regulations Part 104.3):

• Caring for one's self
• Performing manual tasks
• Walking
• Seeing
• Hearing
• Speaking
• Breathing
• Learning
• Working

For many school-age children, the major life activity affected is learning. Some children not covered under IDEA are covered under section 504, and are, therefore, eligible for certain protections and services.

For a child to be eligible under section 504, the school must determine that the child has a disability, as defined in section 504, and that the disability results in a substantial limitation of a major life activity. School personnel must collectively use their professional judgment to make this determination. While the school determines eligibility, information from physicians, psychologists, or other professionals plays a critical role in the determination.

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