Embedded Files
Introduction
Introduction
Section 504 of the Rehabilitation Act of 1973 is major federal legislation involving the civil rights of persons with disabilities that prohibits discrimination or exclusion on the basis of disability alone and provides students with disabilities equal access to general education programs and services. Section 504 impacts all programs and activities that receive federal funding.
For a student to have a disability which may be protected under this law, he or she must:
have a mental or physical impairment;
which substantially limits;
one or more major life activities.
For a student to be considered an "eligible student" under Section 504, all three criteria must be fulfilled.
Both IDEA and 504 apply to students with disabilities, however, IDEA only covers those students who meet the criteria for needing special education. 504 covers all students with disabilities, including those with chronic conditions. Examples of students who would meet criteria for 504, but not necessarily IDEA include students with diabetes, asthma, or cystic fibrosis.
504 plans are developed for students with a diagnosed physical or mental impairment that substantially limits one or more major life activities to ensure equal access to general education programs and services and provide Free and Appropriate Public Education (FAPE). The 504 plans include the accommodations needed to ensure equal access and provide FAPE. An accommodation can generally be thought of as any change in the environment or the way things are customarily done that enables an individual with a disability to enjoy equal opportunities.
Not every student with a chronic condition requires a 504 plan. Referral for a 504 is based on individualized needs and parent preference.
Often MMSD School Nurses take the lead in evaluation for Section 504 and the development of 504 plans. The MMSD Section 504 Manual contains information and guidelines.
Medical Documentation: Section 504 Compliance Advisor: Volume 20, Issue 4. June 2016: A district’s duty to evaluate a student with health impairment does not depend on the parent’s ability or willingness to provide medical documentation. If the district knows or has reason to suspect the student has a disability, it must conduct a full and adequate evaluation.
IDEIA & Section 504 Teams: The School Nurse as an Essential Team Member. NASN Position Statement, January 2018
Report abuse