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Frequently Asked Questions

What is Section 504?

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quot;Section 504" refers to the section of the Rehabilitation Act of 1973 which guarantees certain rights to individuals with disabilities, including ADHD. This federal law states that no person "... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" (Sec. 504.(a)). No.

What is the difference between Section 504 and IDEA?

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Section 504 and IDEA have many differences, perhaps the most significant lies in that Section 504 is designed to level the playing field, primarily by eliminating barriers that exclude individuals with disabilities where as IDEA is an education benefit law, often offering additional services and protections for those with disabilities that are not offered to those without disabilities. Another important distinction is eligibility requirements and educational benefit.

My child has ADHD but doesn't qualify for an IEP. Can he still qualify under Section 504?

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Maybe. A child who was denied coverage under IDEA may qualify for coverage under Section 504. The key is whether or not the student's AD/HD substantially impacts a major life activity.

What Is Prohibited Under Section 504 and the ADA?

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Both Section 504 and the ADA prohibit covered entities from discriminating against persons with disabilities in the provision of benefits or services or the conduct of programs or activities on the basis of their disability. Section 504 applies to programs or activities that receive Federal financial assistance. Title II of the ADA covers all of the services, programs, and activities conducted by public entities (state and local governments, departments, agencies, etc.), including licensing.

Who Is Protected Under Section 504 and the ADA?

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Section 504 and the ADA protect qualified individuals with disabilities. An individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

My child has ADHD but doesn't qualify for an IDEA; can he still qualify under Section 504?

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Maybe. A child who was denied coverage under IDEA may qualify for coverage under Section 504. The key is whether or not the student’s AD/HD substantially impacts a major life activity.

What is a Section 504 plan?

A federal law, Section 504 prohibits discrimination based on a person's disability in any program receiving federal funds. A student is eligible so long as he/she (i) has a physical or mental impairment which substantially limits one or more major life activities; (ii) has a record of such impairment or (iii) is regarded as having such an impairment. The student is not required to need special education in order to be protected.

Who is protected under Section 504?

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A "person with a disability" includes "any person who (i) has a physical or mental impairment which substantially limits one or more of such person's major life activities; (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment" including, but not limited to: Drug or Alcohol Addiction (former users and those in recovery programs and not currently using drugs or alcohol)

What are the accessibility requirements of Section 504?

Special Education - Section 504 of the Rehabilitation Act of...
All school districts are required to provide students with disabilities services and facilities comparable to the services and facilities provided to non-disabled students. According to the regulation of 34 CFR 104.3(i), facility is defined as "all or any portion of buildings, structures equipment, roads, walks, parking lots, or other real or personal property or interest in such property.

Who enforces Section 504?

Special Education - Section 504 of the Rehabilitation Act of...
The United States Department of Education's Office for Civil Rights (OCR) is responsible for enforcing the provisions of Section 504 as applied to publicly funded educational institutions. If an individual files a complaint against a school district, OCR will investigate the complaint under both Section 504 and The Americans With Disabilities Act (ADA). OCR must have subject matter and personal jurisdiction in order to proceed with a complaint.

What are the Procedural Safeguards under Section 504?

Special Education - Section 504 of the Rehabilitation Act of...
The Procedural Safeguards under Section 504 can be different than the Procedural Safeguards provided under the Individuals with Disabilities Educational Improvement Act (IDEIA). Section 504 regulations establishes that school districts must establish a system of procedural safeguards that afford parents the following: bull; The right to an impartial hearing with opportunity for participation for the parents and representation by counsel

What is “discrimination” under Section 504?

Teaching and Learning: 504 FAQ
denies a disabled student the opportunity to participate in or benefit from an aid, benefit, or service which is afforded to non-disabled students (e.g.

Can alcoholism be a disability under Section 504?

Teaching and Learning: 504 FAQ
Yes. A student who is addicted to alcohol, regardless of whether the student is currently using alcohol or is in recovery, may qualify as a disabled student under Section 504 if the student’s alcoholism is substantially limiting the student’s ability to perform a major life activity (e.g., to learn or attend school).

How do Section 504 and Title II differ?

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The main difference between the two laws is that one applies to the recipients of grants from the federal government (Section 504) and the other applies only to public entities (Title II). A school or college may be both a recipient of federal funds from the U.S. Department of Education and also a public entity. In such cases, the institution is covered by both laws.

What is FAPE under 504?

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FAPE, the acronym for Free Appropriate Public Education, is the provision of regular or special education or aids and services designed to meet the educational needs of individuals with disabilities to the same extent that needs of non-disabled individuals are met. No. Children with mental disabilities or impairments may be eligible for services under both the Individuals with Disabilities Education Act (IDEA) or Section 504.

Who is Eligible for Accommodations and Services under the ADA and Section 504?

DSS: Frequently Asked Questions
A student with a disability is any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment. A qualified individual with a disability in the context of post-secondary education is a student who meets the academic and technical standards requisite to admission and participation in Vassar's programs and activities.
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