Section 504


Students who do not qualify for exceptional children's services under the Individuals with Disabilities Education Act (IDEA) may be entitled to support under Section 504 of the Rehabilitation Act of 1973.  Section 504 requires that:  

"No otherwise qualified individual with a disability in the United
States...shall, solely by reason of her or his disability, be excluded
from the participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity
receiving Federal financial assistance... "
  -- U.S. Department of Education
 
In January 2009, the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) went into effect and had implications for the provision of Section 504 protections for students.  In fact, the amendments appear to have broadened eligibility under 504.  Essentially, a student may be found disabled under Section 504 if he/she has
      • a physical or mental impairment which substantially limits one or more major life activity (i.e. learning, behavior, seeing, walking, and so forth),
      • has a record of impairment,
      • or is regarded as having an impairment.
Children eligible under Section 504 are entitled to supports and services which are delivered through a 504 plan.
 
Under Section 504, parents are entitled to certain rights, all of which are outlined in the Section 504 Notice of Student and Parent Rights.  Moreover, parents are also to be notified of Grievance and Due Process Procedures.  
 

For a list of frequently asked questions about Section 504, please visit http://www.ed.gov/about/offices/list/ocr/504faq.html.  For Disability Discrimination resources visit http://www.ed.gov/about/offices/list/ocr/disabilityresources.html?exp=0.


Section 504 District Contact for Student Issues: Bill Hatch, (336)370-2323hatchw@gcsnc.com