Section 504 of the Rehabilitation Act of 1973 with its amendments is a civil rights statute that prohibits discrimination against individuals with disabilities. This law is enforced by the Office for Civil Rights (OCR) and the Equal Employment Opportunities Commission (EEOC). Both agencies enforce Title II of the Americans with Disabilities Act of 1990 (ADA) reauthorized as the Americans with Disabilities Act Amendments Act (ADAAA) of 2008. The reauthorization extends the prohibition against discrimination to the full range of state or local government services (including public schools), programs, or activities regardless of whether they receive federal funding or not. Under Section 504, denying a student with a disability a Free Appropriate Public Education (FAPE) constitutes disability discrimination.

Section 504 covers students with diagnosed, certified, or classified impairments, who attend public and some private schools. A student is “disabled” under the Section 504 regulations if the student meets any one of the three prongs of eligibility listed in 34 CFR 104.3(j)(1).  To be protected under Section 504, a student must be determined to:

1. Have a physical or mental impairment that substantially limits a major life activity (or bodily function), or

2. Have a record of such impairment, or

3. Be regarded as having such impairment

The Act defines a physical or mental impairment as:

1. 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; genitor-urinary; hemic and lymphatic; skin and endocrine; or 

2. any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

A concern about a student is presented by a parent or teacher. Referrals for consideration for Section 504 eligibility may be made at any time. A referral must be made in writing and dated at the time the request is made, including the reason for the referral, given to the School Counselor, If families cannot make a written referral a school employee may assist if necessary. The concern may address behavioral, medical, physical, or emotional well-being that is limiting the child’s ability to function at school. Be sure any medical reports are included especially if the referral is for OT, PT or Audiology.

Exceptional Children

Child Find

Areas of Eligibility

Referral and Evaluation

Programs & Services

504

Private Schools/Homeschool

EC Preschool

Graduation Pathways

Parent Resources