An Overview. Section 504  Section 504 of the Rehabilitation Act of 1973 (ADA Amendments Act of 2008)  Protects qualified individuals from discrimination.

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Presentation transcript:

An Overview

Section 504  Section 504 of the Rehabilitation Act of 1973 (ADA Amendments Act of 2008)  Protects qualified individuals from discrimination based on their disability

Section 504 Definition Has a mental or physical impairment The Section 504 regulatory provision at 34 C.F.R (j)(2)(i) 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: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.

Section 504 Definition Has a mental or physical impairment that substantially limits one or more of such person’s major life activities; has a record of such an impairment or is regarded as having such an impairment  Major life activities include caring for one's self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning  ADA Amendments Act of 2009 added eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating  A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time

Section 504 Process  Referral  Documentation  Eligibility  Accommodation Plan  Review

Section 504 Team  Mary Ellen DiCataldo, School Counselor  Meg Goss, School Nurse  Josephine Noone, Principal  Classroom Teacher  Parents  Other

Section 504 Resources  Frequently Asked Questions About Section 504 and the Education of Children with Disabilities, www2.ed.gov/about/offices/list/ocr/504faq.html  Questions and Answers on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools, www2.ed.gov/about/offices/list/ocr/docs/dcl-504faq html  Your Rights Under Section 504 of the Rehabilitation Act Fact Sheet, U.S. Dept. of Health and Human Services,