• SECTION 504 OF THE REHABILITATION ACT OF 1973

     

    Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance.  Regulations for Section 504 require a school district to provide a “free appropriate public education” (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability.

     

    The Henry County School System abides by the requirements of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, as well as the revisions in the Americans with Disabilities Act Amendments of 2008 (Amendments Act) effective January 1, 2009. The Amendments Act revised the Americans with Disabilities Act of 1990 (ADA) and included conforming amendments to the Rehabilitation Act of 1973 that impacts the meaning of disability in Section 504.  

     

    Who is protected by Section 504?

    Any otherwise qualified individual who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment or is regarded as having an impairment.

     

    What is a major life activity? 

    Major life activities, as defined in the Section 504 regulations include (This is not an exhaustive list):
     
    Caring for one’s self Eating 
    Performing manual tasks      Sleeping         
    Walking  Standing
    Seeing  Lifting
    Hearing 

    Bending
    Speaking Reading
    Breathing Concentrating
    Learning Thinking
    Working Communicating

              

    In the Amendments Act of 2008, Congress also provided a non-exhaustive list of examples of "major bodily functions" that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.  The Section 504 regulatory provision's list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.

     
    What is “substantially limiting”?

    Determining whether an impairment is substantially limiting is critical to deciding Section 504 eligibility.  The definition for "substantially limits" was updated by the American with Disabilities Act Amendments Act of 2008.  The regulations implementing the Americans Disabilities Act suggested the term "substantially limits" be interpreted to mean that the disability substantially limits the ability of an individual to perform a major life activity as compared to most students.  In addition, an impairment need not "prevent, or significantly or severely restrict," the student from performing a major life activity in order to be considered substantially limiting.  This is an individual assessment.  

    What is “reasonable accommodation”?

    Reasonable accommodation in the school setting is a modification or adjustment of educational programs to afford students with disabilities equal opportunity to access the programs. Reasonable accommodation must be made for persons with disabilities unless the school can show that the requested accommodations would impose undue hardship.

     Can a student be dismissed from 504?

    Yes.  Students who have a disability that no longer has a substantial limitation on a major life activity or who cease to have a disability are no longer eligible for 504 services. The 504 team should reconvene and look at the new information and determine if the student does or does not meet the eligibility criteria.

    If a student has a 504 Plan, will a teacher or paraprofessional be assigned to come and work with the student?

    In most circumstances, no additional personnel will be assigned to carry out accommodations. Section 504 accommodations are generally carried out by the classroom teacher or other designated personnel within the school. However, a student who is unable to attend school may qualify for Hospital Homebound services and receive instruction from a visiting teacher.

     

    Is it possible for a 504 student to fail a class?

     Yes. Section 504 protections do not automatically dictate that a student will receive passing grades.  Team members must keep in mind that many factors influence a student’s academic performance.

     

    Who should I contact for more information on Section 504?

    Dutchtown Elementary School Section 504 Administrator:
    Dr. Chad A. Chisolm
    159 Mitchell Road
    Hampton, GA 30228
    Telephone: 770.471.0844