Page 17 - FDLRS Focus 2019

ADA and 504

What is Section 504 All About?

Section 504 of the Rehabilitation Act of 1973, an unfunded mandate, is
designed to protect the civil rights of individuals with disabilities. The
intent of the law is to prevent discrimination based on disability. To be
protected under Section 504, a student must be determined to:

• have a physical or mental impairment that substantially limits one or more major life activities
• have a record of such an impairment, or
• be regarded as having such an impairment

The determination of whether a student has a physical or mental impairment that substantially limits a major
life activity must be made on an individual basis by a Section 504 Team. Section 504 defines a physical or
mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: functions of the immune system, special sense organs
and skin, normal cell growth, digestive, genitourinary, bowel, bladder, neurological, brain, respiratory,
circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions or any
mental or psychological disorder.

Major life activities include, but are not limited to, functions such as: learning, caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking, breathing, eating, sleeping, standing, lifting,
bending, reading, concentrating, thinking, communicating and working. As there is no exhaustive list of
major life activities under Section 504, an activity or function not specifically listed in the law as a major life
activity can still qualify as one.

Mitigating measures are devices or practices used to correct or reduce the effects of the mental or physical
impairment. The ameliorative effects of one or more mitigating measures cannot be considered, except
ordinary eyewear, in determining if an impairment substantially limits a major life activity. A 504 Team must
focus on whether the student would be substantially limited in performing a major life activity without the
mitigating measure that may eliminate or reduce the symptoms or impact of an impairment.

Each school has an identified Section 504 Designee. In order to comply with Section 504, school personnel
must identify students who are eligible under Section 504 protections and services and implement procedures
to ensure that they receive a Free Appropriate Public Education (FAPE). For many students, this results
in a need for Section 504 Teams to develop a Section 504 Plan and implement accommodations based on
individual student needs.

There are innumerable accommodations that may be necessary for students on an
individual basis under Section 504. Because the disabilities resulting in students being
eligible are so broad, the number and types of accommodations are endless. The key
is that necessary accommodations are made that provide the opportunity for identified
students to be successful, by leveling the playing field. Many accommodations are
merely best-teaching practices. The District serves approximately 6,400 eligible
students under Section 504.

Volume 40 Issue 1 Page 17