Page 23 - FDLRS Focus Winter 2021

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.

Section 504 protections are available to students identified as disabled under either: Section 504 of the Rehabilitation
Act or Individuals with Disabilities Education Act (IDEA) Section 504 regulations. These provide an equal opportunity
in extracurricular activities and nonacademic services. and prohibit exclusion from, or denial of, the benefits of
extracurricular activity on the basis of disability, assuming the student is otherwise qualified to participate. Regulations
also apply to nonacademic programs such as before-school care, after-school care and summer recreation programs. The
provision of reasonable accommodations is assessed on an individual basis, and must not present an undue burden or alter
the fundamental nature of the program.

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.

Contact Ana Gomez 561-434-8817
ana.gomez@palmbeachschools.org

Volume 42 Issue 1 Page 23