Section 504

Application of Section 504 and the ADA

Section 504 is federal civil rights law under the Rehabilitation Act of 1973. It provides protection against discrimination for individuals with disabilities. Section 504 is designed to provide equal access and fairness in general education to students with disabilities, thereby leveling the playing field for them through what is known as a Section 504 Accommodation Plan. It is not a plan designed to enhance a student's performance. It is a plan to provide fairness and equal access to education.

Who is covered?

A "qualified person" who has a physical or mental impairment which substantially limits one or more major life activities, or who has a record or impairment, or who is regarded as having an impairment is covered by Section 504.

A physical or mental impairment alone does not equal a disability under Section 504. It must substantially limit a major life activity.

What is a physical impairment?

A physical impairment is any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more the following body systems: neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine.

What is a mental impairment?

A mental impairment is any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities

What is a major life activity?

Major life activities include caring for one's self, walking, seeing, hearing, speaking, breathing, learning and walking.

The ADA Amendments Act of 2008 also includes reading, concentrating, thinking, communicating and the operation of major bodily function.

What does it mean to "substantially limit" a major life activity?

"Substantially limit is less than utter inability but more than a difference. It is determined on a case by case basis. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

Substantial limitation on learning is more than mere difference, but less than severe restriction, as compared to an average child. It is not compared to the child's potential.