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Section 504
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When the Americans with Disabilities Act (ADA) was enacted in 1990, many provisions of Section 504 were extended to public and private companies who do not receive federal funding. The Americans with Disabilities Act of 1990 requires that people with disabilities be provided equal access to public programs and services. According to this law, no otherwise qualified individuals with disabilities shall, solely by reason of their disabilities, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in these programs. The ADA upholds and extends the standards set forth in Section 504 of the Rehabilitation Act to employment practices, communications, and all policies, procedures, and practices that impact the treatment of students with disabilities.
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Under Section 504, the term “disability” is defined as a physical or mental disability which substantially limits one or more of life’s major activities (in this case, education). If the disability is quite obvious (e.g., wheelchair-bound, chronic illness), no formal assessment may be necessary. Other problems may require evaluation ... which in many cases has already been completed through the IDEA special education process. If not, the law provides that the school must conduct this evaluation.
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In order to receive services under Section 504, a child must first be determined to have a disability that substantially limits one or more major life functions, including education, learning, and behavior. Only the school can determine if your child qualifies for accommodations. Parents seeking to have their child receive services under Section 504 should take the following steps:
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Though all federal agencies have developed procedures by which federal funds may be terminated for failure to comply with Section 504, few have actually pursued termination as a remedy. One reason may be that Congress attached an onerous process that federal agencies must follow to terminate funds.
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The process for determining Section 504 eligibility begins with an evaluation. The evaluation must be appropriate to the needs and circumstances of the individual pupil. However "evaluation" does not necessarily mean "test". In the section 504 context, "evaluation" refers to a gathering of data or information from a variety of sources so that the 504 committee (group of persons knowledgeable about the student) can make the required determinations. The 504 committee will carefully consider any pertinent information as it relates to the pupil in the school setting. The information typically considered comes from several sources; school records, school wide standardized assessments, report cards, teacher observations, parent observations, interviews by school personnel, physician reports, etc.
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Implementation of most Section 504 student accommodations occurs within the regular classroom. Accommodations generally are those minor adjustments to things like seating arrangement, lesson presentation, assignments, and other facets of the learning environment that provide the student with equal access to learning opportunities. An example could be moving the student to a position in the room that best supports his or her ability to attend to schoolwork. Accommodations might involve the use of special visual aids, large print, or using video recordings. Allowing a student additional time to complete a specific kind of task is ... an accommodation. Countless accommodations exist that can support a student’s equal access to educational opportunities.
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Section 504