Section 504

Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals, including staff and students, from disability-based discrimination by school districts receiving federal funding. It also includes the requirement that every student be provided with Free Appropriate Public Education (FAPE).

An eligible student is a student who has a record of having, or is regarded as having, a physical or mental impairment which substantially limits a major life activity. Major life activities include learning, walking, hearing, speaking, working, caring for oneself, and performing manual tasks.

The disability must substantially limit learning activities for the student to be eligible for 504 educational services (34 CFR § 104.3(1)). This activity does not need be related to learning to fall under Section 504. The determination of whether an impairment is "substantially limiting" must be made on a case-by-case basis by the Section 504 Review Committee. The nature, severity, duration, and permanence of the impairment are considered.