Section 504: Ensuring Equal Access to Education for Students with Disabilities

Ensuring Equal Opportunities for Students with Disabilities

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Introduction

The Rehabilitation Act of 1973 (Section 504) is a landmark federal law that prohibits discrimination on the basis of disability. It applies to all programs and activities that receive federal financial assistance, including public elementary and secondary schools. This means that schools must provide students with disabilities equal access to education and related services.

Key Provisions of Section 504

Section 504 requires schools to:

  • Identify, locate, and evaluate students with disabilities.

  • Provide a free and appropriate public education (FAPE) to students with disabilities.

  • Ensure that students with disabilities are not excluded from, denied access to, or segregated from any program or activity that is part of the school's education, extracurricular, or other activities.

  • Take appropriate steps to ensure that students with disabilities can participate in extracurricular activities.

What is a Disability Under Section 504?

A disability is defined as a physical or mental impairment that substantially limits one or more major life activities. This includes impairments such as:  

  • Orthopedic impairments (e.g., cerebral palsy, muscular dystrophy)

  • Visual impairments (e.g., blindness, low vision)

  • Hearing impairments (e.g., deafness, hearing loss)

  • Speech or language impairments

  • Intellectual disability

  • Multiple disabilities

  • Other health impairments (e.g., ADHD, diabetes, asthma)

What Does "Free and Appropriate Public Education" Mean?

A FAPE is designed to meet the individual needs of each student with a disability. It includes:

  • Specialized instruction that is appropriate to the student's unique needs.

  • Related services that are necessary to help the student benefit from education, such as speech therapy, occupational therapy, or physical therapy.

  • Supplementary aids and services that are necessary to enable the student to participate in regular class activities.

  • Assistive technology that is necessary to enable the student to participate in education.

How Does Section 504 Apply to Students with Disabilities?

Section 504 requires schools to provide students with disabilities with the necessary supports and services to ensure that they have equal access to education. This may include:

  • Accommodations in the classroom, such as extended time on tests, preferential seating, or use of assistive technology.

  • Modifications to the curriculum, such as providing alternative assignments or reducing the workload.

  • Specialized instruction in a separate setting, if necessary.

  • Related services to help the student with their disability, such as speech therapy or occupational therapy.

Conclusion

Section 504 is a critical law that ensures that students with disabilities have equal access to education. Schools must take steps to identify, evaluate, and provide appropriate services to students with disabilities. By doing so, schools can help students with disabilities reach their full potential.


Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.


Graham Settleman

Graham illustrates legal concepts with a focus on educational, personal and business matters. Passionate about human connection, communication and understanding, his work reflects a curiosity for simplifying complex concepts.

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