Author: Patsy Crawford | Posted: 3. February 2012 01:24

Section 504 of the Rehabilitation Act of 1973 (Section 504), among other things, requires federally-funded school districts to provide a free appropriate public education to each student with a disability.  An appropriate education includes the provision of regular or special education and related aids and services that are designed to meet the needs of a student with a disability as adequately as the needs of other students are met.  Some students with disabilities who are not eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA) receive aids and services in accordance Section 504.  In 2008, the Americans with Disabilities Act of 1990 (ADA) was amended by the ADA Amendment Act.  The Amendment Act, which applies to Section 504, broadened the definition of “disability” to allow more individuals with disabilities to qualify for services and accommodations under Section 504.  (The Amendment Act does not affect IDEA.)

A January 19, 2012 “Dear Colleague Letter” from the U.S. Department of Education (ED) Office of Civil Rights (OCR) suggests that, in light of the ADA Amendment Act, school districts may need to do more to identify and address students’ needs for Section 504 services.  A Question and Answer (Q & A) sheet attached to the letter provides guidance to school districts for better compliance with Section 504.  In the Q & A sheet, OCR stated that “Congress directed that the definition of disability shall be construed broadly and the determination of whether an individual has a disability should not demand extensive analysis.”  OCR further states that while there are not per se disabilities under Section 504, the nature of many impairments are such that, in virtually every case, a determination in favor of disability will be made.  “Thus, for example, a school district should not need or require extensive documentation or analysis to determine that a child with diabetes, epilepsy, bipolar disorder, or autism has a disability under Section 504.”  OCR also clarified that, although a student’s disability must limit a major life activity in order to qualify for Section 504 coverage, the list of major life activities under the Amendment Act expands beyond activities such as “learning” and further extends to major bodily functions.  A school district must revise its policies and procedures in determining Section 504 coverage and services if the policies and procedures do not comply with the Amendment Act’s new legal standards. 

You may use the link below to review OCR’s Q & A sheet on Section 504:

http://www2.ed.gov/about/offices/list/ocr/docs/dcl-504faq-201109.html