Technical Assistance Partnership for Child and Family Mental Health

JUNE2002

Many teachers involved in my child's program do not know about Section 504 or what is included in a plan. Where can I find more information about 504 for my child's service providers and myself?

Section 504 of the Rehabilitation Act of 1973 is part of an act requiring that individuals with disabilities be accommodated and employed without discrimination related to their disabilities and that individuals with disabilities be provided a free and appropriate education. Enforcing Section 504 is the responsibility of the Office for Civil Rights. It is antidiscrimination law, not an educational mandate such as the Individuals with Disabilities Education Act of 1990 (IDEA). IDEA legislates coverage for students with special needs to the age of 21 or graduation. Section 504 is an antidiscrimination law that covers the individual from birth to death.

Section 504 states: "No otherwise qualified individual with handicaps in the United States shall, solely by reason of her or his handicap, as defined in section 706(8) of this title, 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." (Sec. 794).

An individual with a handicap is defined as any individual who:

(i) has a physical or mental impairment which substantially limits one or more of such person's major life activities (such as caring for one's self, performing manual tasks, walking seeing, hearing, speaking, breathing, learning and working)

(ii) has a record of such impairment

(iii) is regarded as having such an impairment

Physical or mental impairment is described as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems; any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

All students who are eligible for IDEA services under special education are also protected by Section 504 of the Rehabilitation Act. However, there are some students who are not eligible for special education, but may be protected under Section 504. You will need to review the eligibility sections of the regulations for specifics on those students who may qualify.

Many of the government web sites have copies of the law and regulations. Several of the advocacy and information networks have excellent resources as well. Resources where you may access detailed information on Section 504 include:

1. A copy of Section 504 regulations (complete set) available for printing. Go to www.ed.gov/offices/OCR/regs/34cfr104.html

2. A list of all government resources related to Section 504. Go to www.ed.gov/offices/OCR/disabilityresources.html

3. Two-page handouts on Section 504 available for printing. Go to www.ed.gov/offices/OCR/docs/placpub.html

4. A question-and-answer format, available for printing. Go to www.ed.gov/offices/OCR/504faq.html

5. American with Disabilities Act. Copies of the law are available for printing at www.eeoc.gov/laws/ada.html

6. American with Disabilities Act. Copies of the regulations are available for printing at http://janweb.icdi.wvu.edu/kinder/pages/TitleIIReg.htm

7. A complete description in an "user friendly" format, which can be printed or divided into individual slides for a PowerPoint presentation. Go to www.pacer.org/parent/504.html

8. A "user-friendly" question-and-answer format, available for printing. Go to www.pacer.org/pride/504.htm

9. A book entitled Section 504 In The Classroom: How To Design And Implement Accomodation Plans.By Lynda Miller and Chris Newbill. Published by Pro-Ed, Austin, TX. Order Number 8645

This book provides a user-friendly format for understanding Section 504, the difference between 504 and IDEA, and the process for evaluation, identification, and the development of the plan. It provides examples of plans for different types of accommodations, as well as procedures for compliance and components of a training program. Sample forms and handouts are included.

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	JUNE2002 Many teachers involved in my child's program do not know about Section 504 or what is included in a plan. Where can I find more information about 504 for my child's service providers and myself? Section 504 of the Rehabilitation Act of 1973 is part of an act requiring that individuals with disabilities be accommodated and employed without discrimination related to their disabilities and that individuals with disabilities be provided a free and appropriate education. Enforcing Section 504 is the responsibility of the Office for Civil Rights. It is antidiscrimination law, not an educational mandate such as the Individuals with Disabilities Education Act of 1990 (IDEA). IDEA legislates coverage for students with special needs to the age of 21 or graduation. Section 504 is an antidiscrimination law that covers the individual from birth to death. Section 504 states: "No otherwise qualified individual with handicaps in the United States shall, solely by reason of her or his handicap, as defined in section 706(8) of this title, 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." (Sec. 794). An individual with a handicap is defined as any individual who: (i) has a physical or mental impairment which substantially limits one or more of such person's major life activities (such as caring for one's self, performing manual tasks, walking seeing, hearing, speaking, breathing, learning and working) (ii) has a record of such impairment (iii) is regarded as having such an impairment Physical or mental impairment is described as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems; any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. All students who are eligible for IDEA services under special education are also protected by Section 504 of the Rehabilitation Act. However, there are some students who are not eligible for special education, but may be protected under Section 504. You will need to review the eligibility sections of the regulations for specifics on those students who may qualify. Many of the government web sites have copies of the law and regulations. Several of the advocacy and information networks have excellent resources as well. Resources where you may access detailed information on Section 504 include: 1. A copy of Section 504 regulations (complete set) available for printing. Go to www.ed.gov/offices/OCR/regs/34cfr104.html 2. A list of all government resources related to Section 504. Go to www.ed.gov/offices/OCR/disabilityresources.html 3. Two-page handouts on Section 504 available for printing. Go to www.ed.gov/offices/OCR/docs/placpub.html 4. A question-and-answer format, available for printing. Go to www.ed.gov/offices/OCR/504faq.html 5. American with Disabilities Act. Copies of the law are available for printing at www.eeoc.gov/laws/ada.html 6. American with Disabilities Act. Copies of the regulations are available for printing at http://janweb.icdi.wvu.edu/kinder/pages/TitleIIReg.htm 7. A complete description in an "user friendly" format, which can be printed or divided into individual slides for a PowerPoint presentation. Go to www.pacer.org/parent/504.html 8. A "user-friendly" question-and-answer format, available for printing. Go to www.pacer.org/pride/504.htm 9. A book entitled Section 504 In The Classroom: How To Design And Implement Accomodation Plans.By Lynda Miller and Chris Newbill. Published by Pro-Ed, Austin, TX. Order Number 8645 This book provides a user-friendly format for understanding Section 504, the difference between 504 and IDEA, and the process for evaluation, identification, and the development of the plan. It provides examples of plans for different types of accommodations, as well as procedures for compliance and components of a training program. Sample forms and handouts are included.

Education Frequently Asked Questions