Section 504 of the Rehabilitation Act of 1973

ELIGIBILITY:

To receive the protections of Section 504, an individual must demonstrate that he/she has a physical or mental impairment, which substantially limits a major life activity, has a record of such impairment, or is regarded as having such impairment.  Major life activities include, but are not limited to, seeing, hearing, speaking, walking, breathing, learning, working, caring for oneself, and performing manual tasks. All students with disabilities are entitled to attend school under state law and are covered by these acts.

The act is designed to prevent discrimination against individuals with disabilities.  It provides that a student shall not be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal funds, such as public schools.

Section 504 is different than the Individuals with Disabilities Education Act (IDEA).  This is due in large part to the fact that to qualify under IDEA, the student must need special education.  In other words, a student’s disability must adversely affect the student’s educational performance to require specialized instruction. Under 504, the disability need not have any effect on the student’s ability to learn, so long as the condition substantially limits some other major life activity that has implications for the student’s education.

If you have any questions about 504 and eligibility, please contact Bambi Pelzel at 903-893-0767 ext 1002 or at bambi.pelzel@sscisd.net.