Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973, as amended, is a civil rights law that prohibits discrimination on the basis of disability. This law applies to public elementary and secondary schools, among other entities.
Eligibility Under Section 504
Children with disabilities may be eligible for special education and related services under Section 504. That’s because Section 504’s definition of disability is broader than the IDEA’s definition. 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; or
have a record of such an impairment; or
be regarded as having such an impairment.
Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities, regardless of the nature or severity of the disability. Under Section 504, FAPE means providing regular or special education and related aids and services designed to meet the student’s individual educational needs as adequately as the needs of nondisabled students are met.