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Section 504

If at any time, a parent/guardian believes that their son/daughter is eligible and would benefit from a 504 plan, they should send a written request with appropriate documentation to the Principal, Mr. Joe Coladarci at jcoladarci@mtarlingtonk8.org. Reviewing the information below will assist with determining if a student may or may not be eligible for a 504, as well as the process of developing a 504 plan. 

What is Section 504?

Section 504 is part of the Federal Rehabilitation Act of 1973, which was enacted by Congress to combat discrimination against individuals with disabilities in services, programs, and activities administered by any entity that receives federal funds, including public schools. Section 504 states in pertinent part:

“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 activity receiving federal financial assistance…”

Which students qualify for coverage under Section 504?

Section 504 and the ADA provide specific protections for “qualified individuals with a disability.” There are three categories that may qualify someone as an “individual with a disability.” These are:

  1. A person who has a physical or mental impairment that substantially limits one or more major life activities
  2. A person who has a record of such an impairment
  3. A person who is regarded as having such an impairment

Most of the student situations that schools encounter involve students with actual current impairments that substantially limit a major life activity. These students may need specific services and accommodations in order to access the school program, but it may occasionally be true that an eligible child under Section 504 is not in need of any interventions at the present time. Protection under the second and third categories listed above generally does not require providing special accommodations or services. Instead, the second and third categories generally protect against negative, discriminatory actions by the school or school employees.

“Major Life Activities” Major life activities are defined as activities considered important to live. The categories are: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, and the operation of a major bodily function.