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Section 504 of the Rehabilitation Act of 1973

This act explains in broader terms the definition of eligibility than the IDEA. It states that no individual can be excluded, solely because of their disability, from participating in any program or activity receiving federal funding, including schools. Requirement by the schools to develop plans to meet the needs of students who require accommodations may be necessary. Section 504 is a civil rights law that covers the entire lifespan not just school years and no additional funding is provided. It was the first public law specifically aimed at protecting children and adults against discrimination due to a disability.   

Individuals are eligible for services if they:

1. have a physical or mental impairment that substantially limits one or more life activities;

2. have a record of such an impairment; or

3. are regarded as having such an impairment by others.

Schools must make "reasonable accommodations" for students with disabilities so that they can participate in educational programs provided to other students. Those accommodations could include modifications to the general education program, the assignment of an aide, a behavior management plan, or the provision of special study areas. Occupational or physical therapy may also be received by students if they are receiving special education through IDEA. All students who are eligible for special education and related services under IDEA are also eligible for accommodations under Section 504; however, that is not true for the converse.

Similar to IDEA, there is a mandate in Section 504 to educate students with special needs with their peers in the general classroom to the maximum extent possible. Accommodation plans are required of the school system that is customized to meet the unique needs of an individual.  If needs are not meet under Section 504 for students who qualify for accommodations, the school could loose their funding. State and local jurisdictions have responsibility  of funding the implementing of requirements, but IDEA funds may not be used to serve children found eligible only under Section 504. Section 504 only applies to entities that receive federal financial assistance. The ADA covers most establishments whether privately owned or assisted with state and/or federal funds.



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