GRAHAM ISD

About Section 504

The Rehabilitation Act of 1973, commonly known in the schools as “Section 504,” is a federal law passed by the United States Congress with the purpose of prohibiting discrimination against disabled persons who may participate in, or receive benefits from, programs receiving federal financial assistance.  In the public schools specifically, §504 applies to ensure that eligible disabled students are provided with educational benefits and opportunities equal to those provided to non-disabled students.

Under §504, a student is considered “disabled” if he or she suffers from a physical oor mental impairment that substantially limits one or more of their major life activities, such as learning, walking, seeing, hearing, breathing, working, and performing manual tasks.  Section 504 also applies to students with a record of having a substantially-limiting impairment, or who are regarded as being disabled even if they are truly not disabled.  Students can be considered disabled, and can receive services under §504, even if they do not qualify for, or receive, special education services.

Who is considered to have a disability?

A person is considered to have a disability under Section 504 if he/she meets one or more of the following definitions:

1. Has a physical or mental impairment which substantially limits one or more major life activities. The term does not cover children disadvantaged by cultural, environmental, or economic factors
2. Has a record or history of such an impairment
3. Is regarded as having such an impairment.

(a) Has physical or mental impairment that does not substantially limit a major life activity but is treated by the district as having such a limitation;

(b) Has a physical or mental impairment that substantially limits a major life activity only as a result of the attitudes of others towards such impairment, or;

(c) Has no physical or mental impairment but is treated by the district as having such an impairment.

What is a "major life activity"?

Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks. The disability must substantially limit learning activities for the student to be eligible for 504 educational services (34 CFR § 104.3(1)). This activity need not be related to learning to come under the protection of Section 504. The determination of whether an impairment is "substantially limiting must be made on a case-by-case basis by the Section 504 Review Committee. The nature, severity, duration, and permanence of the impairment should be taken into consideration.

What is a program or activity?

The term includes all programs or activities of school districts.