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Section 504

Section 504

Refer to the Section 504 Internet site for general information.  Detailed information regarding specific cases is available by calling the ESE Policy & Procedures office at 407-317-3279 or contacting tajuana.lee-wenze@ocps.net  

Section 504 of the Rehabilitation Act of 1973 states that "No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance...." 29 U.S.C. Section 794 (1973).

In disability law, the terms "handicapped" and "disabled" are used interchangeably and often there is confusion about whether or not a person has an impairment requiring services based on an Individualized Accommodation Plan or an Individual Education Plan.  Oftentimes, accommodations are not necessary if the school staff simply provides reasonable, common sense assistance to the student on a consistent basis.

Section 504 of the Rehabilitation Act of 1973 is an antidiscrimination law which expands the definition of "disabled" beyond the categories usually associated with the Individuals with Disabilities Education Act (I.D.E.A.).  Section 504 defines a disabled person as "any individual who has a physical or mental impairment which substantially limits one or more of such person's major life activities; has a record of such impairment or is regarded as having such an impairment." 

Major life activities include but are not limited to:

Prior to 2009:

  • Performing manual tasks
  • Caring for one's self
  • Walking
  • Seeing
  • Hearing
  • Speaking
  • Breathing
  • Learning

As of January, 2009:

  • Eating
  • Sleeping
  • Concentrating
  • Standing
  • Lifting
  • Thinking
  • Bending
  • Reading
  • Communicating

A physical or mental impairment means (a) "any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one of more body systems" or (B) a mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. 34 C.F.R. Section 104.3(j)(2)(i)

There must be a substantial limitation with a major life activity to qualify for Section 504 accommodations.  Stating that a student has ADHD alone may not entitle the student to any accommodations.  If activities provided by the teacher in the classroom have helped the student, there is no need to develop an accommodation plan.  If, however, the student struggles consistently to attend to the instructional activities, the issue should be addressed in a meeting.

The federal regulations implementing Section 504 define a qualified individual with a disability (with respect to elementary and secondary education programs) as:

  • One who is of an age during which nondisabled individuals are provided educational services.
  • One who is of any age during which it is mandatory under state law to provide such services to individuals with disabilities
  • One who is entitled to a free appropriate public education under the Individuals with Disabilities Education Act.

The intent of Section 504 is to create a level playing field for a student who may have a handicap that in some way limits full participation in the learning process.  The standard is "reasonableness."  A simple accommodation affords an equal opportunity for the student to achieve equal results with other students.  It does not guarantee equal results, but, affords an equal opportunity for participation.

When determining student eligibility for Section 504 services, school staff should convene an Educational Planning Team (EPT) to discuss the needs of the student and describe specifically what issues affect the student's participation in the learning process.  There are no labels under Section 504, unlike I.D.E.A. with over 15 category titles.  Section 504 accommodations are designed to be carried out in the regular classroom environment and should include reasonable, simple activities that do not distract from other students while providing assistance to a specific child.

The Section 504 meeting process is not as formalized as the I.D.E.A. process, however, a meeting should be held to develop a Section 504 Individualized Accommodation plan.  The meeting participants may include school staff who are familiar with the student, parents and other pertinent staff.  The plan should be implemented in the regular classroom as described. [Individualized Accommodation Plan]

Additional information is provided in the Orange County Guidelines for Section 504 and the FLDOE District Implementation Guide for Section 504 (2011) which is available on the Section 504 Internet site. 

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