Section 504 of the Vocational Rehabilitation Act of 1973 forbids discrimination, on the basis of disability, in any program or activity receiving federal money from the U.S. Department of Education. A person with a qualified disability, on the basis of that disability, cannot be:
The law is clear that a person with a qualified disability cannot be denied the opportunity to participate in programs with people who are not disabled, even if a separate program for people with disabilities exists.
Section 504 defines a person with a disability as any person who:
Major life activities are functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
A physical or mental impairment is any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and endocrine; or any mental or psychological disorder; such as cognitive impairment, organic brain syndrome, emotional or mental illness and specific learning disabilities.
Disabilities that are recognized under Section 504, if they result in limitations in one or more major life functions, are:
Programs which receive money from the U.S. Department of Education cannot exclude your child from participating in activities that are available to others. Equal physical access must be provided so that a child in a wheelchair or one who has limited mobility can participate with other children.
It also means that schools may be responsible for providing special education and related services to children who qualify as disabled under Section 504. Accordingly, a child may be disabled within the definition of Section 504, and therefore be entitled to special education and related services, even though the child may not be eligible for special education under IDEA (the Individuals with Disabilities Education Act).
If it is determined that a school child is disabled under Section 504, a school team must:
Both IDEA and Section 504 of the Rehabilitation Act of 1973 are anti-discrimination acts. IDEA is specifically focused on education; Section 504 applies to any organization or institution that receives Federal Funds. IDEA has financial grants that help to pay for its services; Section 504 does not. Under Section 504 schools may be required to provide assistance to school children who have disabilities, but who do not qualify for services under IDEA, such as children who have physical disabilities, but who otherwise function well in the educational setting. IDEA requires a written educational program, Section 504 does not, although it is recommended. IDEA has strong procedural safeguards, or processes, to aid in protecting the rights of the child; Section 504 does not. But for many children a “504 Plan” may adequately meet the child’s needs at school. This should be determined on the basis of eligibility, and on the individual needs of the child. Attention Deficit Disorder (ADD/ADHD) may be covered by Section 504 or under IDEA (as Health Impaired, unless another category fits better.)
Any person who has a complaint that discrimination on the basis of disability exists in any program funded with federal funds may notify the Office for Civil Rights (OCR). In Idaho, a written complaint should be filed with Region X, U.S. Department of Education, Office for Civil Rights. Letters of complaint should explain:
The Office for Civil Rights will only review those actions which occurred within six months (180 days) of the date a complaint is filed.