Fact Sheet: Rights of Students With Disabilities: Section 504   Section 504 of the Rehabilitation Act of 1973 is a law that makes it illegal for programs that receive federal funds to discriminate against people with disabilities. Because all public schools receive federal money, they are covered by Section 504. What Does "Disability" Mean Under Section 504? Under Section 504, a disability is any physical or mental condition that seriously limits a "major life activity." Major life activities include taking care of yourself, working with your hands, walking, seeing, and hearing. They also include speaking, breathing, learning and working. The meaning of "disability" under Section 504 is broader than the meaning of "disability" under the Individuals with Disabilities Education Act (IDEA). For this reason, many children who are not covered by IDEA are covered by 504. Who Does Section 504 Protect? Any child who has any kind of disability. Any child who was labelled in the past as having a disability. This includes children who did not really have a disability when they were labelled. Any child who is treated as if she has a disability, even if she doesn't have one. How Does Section 504 Work In Schools? Section 504 works in two ways: First, it requires schools to take certain steps. These steps make sure that the school meets the needs of children with disabilities as well it meets the needs of other children. Second, it prohibits schools from doing certain things that discriminate against children with disabilities. What Does Section 504 Require Schools To Do? Do a complete study of your child to learn about her disability and needs. This is known as an educational evaluation. Provide special or regular education and support services that meet your child's needs. Teach your child in the regular classroom unless his needs cannot be met there even with support services. Make changes in the way the school does things to take into account your child's needs. These changes are called "accommodations." Examples are letting a child who has trouble writing use a computer, or letting a child who has trouble taking notes use a tape recorder. What does Section 504 Prohibit Schools From Doing? Schools cannot discriminate against your child because of her disability in any way. Examples of illegal discrimination are: Assuming that your child cannot learn what other children learn simply because he has a certain disability. Shorter school days for children with disabilities. Punishing a child for behavior related to a disability. For example, suspending a child who is emotionally disturbed for shouting at a teacher. Or giving a child who can't understand school rules detention for breaking them. Not allowing children with disabilities to take part in school sports and clubs. Keeping children who use wheelchairs out of classes and activities because of stairs. Giving children with disabilities second-rate classrooms and supplies. Anything else that makes education less valuable for children with disabilities than it is for other children. What Can You Do If A School Violates Section 504? 1. Complaints to the U.S. Department of Education Office for Civil Rights: Parents can file a complaint about any school action that violates Section 504. The Office for Civil Rights will talk to you and question school staff about the complaint, and look at school records. To find the Office for Civil Rights office nearest you, call the U.S. Department of Education at (202) 205-5413. 2. Hearings: You also have the right to a hearing if your complaint concerns (1) a dispute about whether your child has a disability, (2) an evaluation done by the school, or (3) your child's placement. Section 504 hearings may be held by the school or by the state department of education. At the hearing, you will have a chance to prove that the school is violating Section 504. 3. Court: You may also file a lawsuit in court. If you win, the school may be required to pay for your lawyer. from Supporting Our Kids: A Family-School-Community Campaign, copyright Center for Law and Education, 1996.   Education Rights of Students with Disabilities Project