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Section 504What is Section 504?
Section 504 of the Rehabilitation Act of 1973 states:
“No otherwise qualified individual with a handicap in the United States shall, solely by reason of her or his handicap, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance.”
Section 504 is for students who have a medical diagnosis that may impede their ability to participate in the learning environment in the same manner as their peers. Section 504 is a part of the Rehabilitation Act of 1973. It is not placement in special education.Purpose of Section 504The purpose of Section 504 is to “level the playing field” to eliminate impediments to allow full participation by persons with disabilities. The statue was intended to prevent intentional or unintentional discrimination against persons with disabilities, persons who are believed to have disabilities, and persons with a record or history of disabilities. In addition, it provides for protection from discrimination for family members of persons with disabilities.
Section 504 Eligibility RequirementsTo fall under the protection of Section 504, a person must have a physical or mental impairment which substantially limits one or more major life activities; have a record of such an impairment; or be regarded as having such an impairment.
It is important to remember the three legally defined conditions that lead to determination for protection under Section 504.
1. The presence of a physical or mental impairment…
2. which substantially limits…
3. one or more major life activities.
Section 504 Disability Determination ProcessDisability is determined by an educational team consisting of the parent(s), teacher(s), administrator, and counselor. Additional team members may be added as appropriate. If an eligible child requires a 504 Plan, it will be reviewed annually with the educational team. Disability determination is reviewed every three years.If you would like more information, or to pursue a 504 Disability Determination for your child, please contact Mrs. Carlisle at carlislea@mtnbrook.k12.al.us or 205-877-837.