Section 504 of the Rehabilitation Act of 1973
504 Procedural Safeguards
Section 504 is a federal law designed to protect the rights of individuals with disabilities and requires school districts to provide a “free appropriate public education” (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction. Under Section 504, FAPE consists of the provision of services designed to meet the student’s individual educational needs as adequately as the needs of nondisabled students are met.
Who Is Protected under Section 504?
Section 504 covers qualified students with disabilities who attend schools receiving federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment.
The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be determined on an individual basis. The Section 504 regulatory provision at 34 CFR 104.3(j)(2)(i) defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting physical or mental functions. (The Section 504 regulatory provision at 34 CFR 104.3(j)(2)(i) regulatory provision does establish a list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.)
Additional information and resources:
U.S. Department of Education: Office of Civil Rights