Section 504
Section 504 is a federal law that protects the rights of citizens with disabilities by prohibiting discrimination based on disability in all programs and activities receiving federal financial assistance. All elementary, middle, and high school programs and activities must comply with Section 504.
Individuals qualify under Section 504 if they have a physical or mental impairment that substantially limits one or more major life activities. A diagnosis of a disability alone does not automatically qualify a student under Section 504. However, if a parent/guardian or teacher believes that a student may qualify, they can request a Section 504 team meeting at the student’s school. The team typically includes school staff, other professionals, the parent/guardian, and, if appropriate, the student.
The team must compare the performance of the student with a disability to that of non-disabled students to determine whether adjustments are necessary for the student to have equal access to educational programs and activities.
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The comparisons to non-disabled students are considered under the following circumstances.
- If the student consistently requires more time to complete academic work
- If regular academic accommodations are necessary
- If the student frequently exhibits behaviors that significantly disrupt the educational program
- If the student needs assistance because they cannot care for themselves
If a person falls into any of these categories, the ADA protects them. Because the ADA is a law, and not a benefit program, you do not need to apply for coverage.
The Americans with Disabilities Act (ADA) also protects the overall rights that individuals with disabilities can enjoy as citizens. It includes provisions to protect against discrimination based on disability in areas such as employment, participation in all programs and services (public education, recreation, healthcare, social services, courts, voting, etc.), use of public transportation, access to public facilities, and communication relay services.
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Parental Rights
- The right for the student to participate in and benefit from public education programs without discrimination based on the student's disability
- The right to be informed about the student's identification, evaluation, and/or the recommended accommodations
- The right to receive a free appropriate public education (FAPE), including the right to be educated in the most appropriate environment alongside non-disabled students to the maximum extent possible
- The right for the student to have the opportunity to participate in school programs and school-sponsored extracurricular activities on an equal basis with non-disabled students
- The right to review the student's educational records and obtain copies of these records
- The right to have decisions about identification, evaluation, and placement/program made based on information and evaluation materials provided by individuals who know the student well, and through various materials including the program choices
- The right to seek resolution if there are disagreements regarding the identification, evaluation, or placement/program decisions
