Section 504 of the Rehabilitation Act: Determining Eligibility and Implications for School Districts

Abstract

Today, school districts are challenged in meeting the health and educational needs of students with chronic health conditions. One of the challenges school districts face is determining when students with health-related disabilities are eligible for services under Section 504 of the Rehabilitation Act of 1973. This article reviews Section 504 and its regulations as they apply to public schools, particularly with respect to eligibility criteria for students with special health care needs. The article also reviews recent case law and explores the implications of these legal standards for school district practice, including the need for clear policies and procedures, consistent Section 504 teams, training, and alternatives for meeting the needs of students who are found not to be eligible for services under Section 504.

Keywords

accommodation chronic health condition disability discrimination major life activity mental impairment physical impairment Rehabilitation Act of 1973 Section 504 eligibility criteria Section 504 plan Section 504 procedures Section 504 team severe food allergy special health care need staff training

Get full access to this article

View all access options for this article.

References

Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. DeMar v. Car-Freshener Corporation, 49 F. Supp. 2d 84 (N.D. N.Y. 1999).

Jones v. Men's Wearhouse, 15 NDLR P 11, 1999 WL 134210 (N.D. Tex.).

Land v. Baptist Medical Center, 164 F. 3d 423 (8th Cir. 1999). Office of Civil Rights. (1992). OCR senior staff memorandum, IDELR, 19, 894.

Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act, 29 C.F.R. 1630.2 (2004).

Rehabilitation Act of 1973, 29 U.S.C. 794 § 504; regulations at 34 C.F.R. pt. 104 (1973).

Richards

D. M.

(2003). The top Section 504 errors: Expert guidance to avoid 25 common compliance mistakes. Arlington, VA: LRP Publications.

Student v. Trumbull Board of Education (March 26, 2004).

Student v. Westport Board of Education (July 21, 2003).

10.