Purpose and Provision of Section 504 of the Rehabilitation Act of 1973

Purpose of Section 504 – Section 504 is a brief section of the Rehabilitation Act of 1973.

“No otherwise qualified individual with a disability in the United States…
Shall, solely by reason of his or her disability, be excluded from the participation
In, be denied the benefits of, or be subjected to discrimination under any program
Or any activity receiving Federal financial assistance.”

Because school districts receive federal funds, Section 504 protects students with
Disabilities from discrimination in public schools.

Students with disabilities who attend public schools whether or not they are
Protected by the IDEA are protected under Section 504.

Preschool, Elementary, Secondary, Postsecondary and Afterschool programs
Are all included.

Who is protected?

Any person who, 1) has a physical or mental impairment which substantially
Limits one or more of such person’s major life activities, 2) has a record of such
Impairment or, 3) is regarded as having such impairment.

Physical Impairments defined 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 organ, cardiovascular, reproductive, digestive, genitor-urinary, and hemic and lumphatic, skin and endocrine.

Mental Impairment defined as: B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Substantial Limitation of a Major Life Activity which through case law and 504 regulations has come to be defined as:

Substantial limitation – means that an individual ibis unable to perform a major life activity that the average person in the general population can perform or is significantly restricted in the manner or duration in which he or she can perform the major life activity when compared to the manner or duration under which the average person can perform the activity. (Yell, Principles of Special Education, pg. 122) This determination must be assessed for each student on an individual basis.

Major Life Activity – means “functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, breathing, learning, and working.


Section 504 Coverage and Reasonable Accommodations - all students with disabilities are protected from discrimination in elementary, secondary and post secondary schools. Students must have the equal opportunity to benefit from a school’s academic or nonacademic programs or services as their non-disabled peers. This includes physical accessibility and reasonable accommodations.

Physical Accessibility - school academic and non-academic programs, structures and activities must be physically accessible to student with disabilities. This applies to all facilities within a school: classrooms, playgrounds, gyms, water fountains. Swimming pools, parking lots and restrooms.

Reasonable Accommodations - Section 504 only defines reasonable accommodations as it relates to employment. Therefore case law has primarily defined what reasonable accommodations are in the educational context. The case law has set forth that programs do not need to make substantial modification, only reasonable ones. (Alexander v. Choate (1985)

Relevant factors to consider to determine if modifications are reasonable include: 1) undue hardship on the program; 2) size, type and budget of the program; 3) the nature and cost of the accommodation.

What are Testing Accommodations? Testing accommodations are modifications or changes made in testing to prevent a child’s disability from interfering with their ability to demonstrate their true skill level.

Where and when are Accommodations used? Accommodations can be used in the classroom to modify (teaching strategies, learning environment, behavior management) and in statewide testing (high stakes testing)

What are reasonable Accommodations? - The following have been sustained by the courts or provided for in local school districts.

1) Academic adjustments - a) length of time to complete a degree; substitution of courses, modifying methods of instruction; modifying materials; altering environmental conditions; modifying examinations ( giving tests orally, allowing student to dictate answers, shortening length of exam, allowing more time to take the test, altering test format, enlarging text, reducing reading level of the test.

2) Reasonable Classroom accommodations

a) Classrooms modifications –
Student (e.g. preferential seating)
Alter physical setup of classroom
Reduce distractions (e.g. study carrel)
Provide increased lighting
Schedule classes in accessible areas.

b) Academic Adjustments/Instruction.
Allow more time to complete assignments
Adjust length of assignments.
Modify pace of instruction.
Use peer tutors.
Provide outline of lectures.
Use visual aids.
Use advance organizers.
Use mnemonic devices
Highlight texts and worksheets.
Tape lectures.
Adjust reading levels of materials.
Use specialized curricular materials.
Provide study guides.
Give tests orally or on tape.
Allow more time to complete tests.
Allow students to dictate answers.
Alter the test format.
Use enlarged type.
Reduce the reading level of the test.

c) Environment
Place student in front w/ back to rest of students
Cardboard cubicle
Use ear plugs or headphones.
Use line markers, or penlights to read
Reduce distracting stimuli (e.g. air conditioner, traffic, doors or windows).

d) Tests:
Provide a structured study guide that matches the test
Allow ample space for student response
Provide Written and Oral reminders of upcoming tests.
Provide short breaks during lengthy tests.
Allow students to use notes with the test.

e) Managing Behaviors
Use physical signals (e.g. tap on desk, hand on shoulder)
Allow for movement
Model appropriate behavior
Positive reinforcement when engaged in appropriate
Behavior
Teach and Practice Body Relaxation
Teach student to ask for breaks

f) Auxiliary Aids and Devices
Provide interpreters.
Provide readers.
Use audiovisual aids.
Tape tests.
Provide assistive technology devices and services, such as Laptops.

Are there limitations on Testing Accommodations? The Supreme Court has ruled that programs or schools do not need to make substantial only reasonable ones. Determining what is reasonable is difficult and subjective, however accommodations are generally considered reasonable if they do not impose excessive financial and administrative burdens or require a fundamental alteration in the program.

Testing Accommodations do not require schools to accommodate students to such a degree that they have advantages over other students. During high stakes testing there are strict guidelines for using accommodations so that they balance the needs of the student with the state’s need to determine accountability for improvement.



This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.