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Section 504 of the Rehabilitation Act of 1973 (Chapter 4)

Section 504 of the Rehabilitation Act of 1973 (Chapter 4). Professor Daniel J. Abbott ED 492. Facts about Section 504. Section 504 of the Rehabilitation Act of 1973 is a civil rights law. President Nixon signed the Act into law on September 26, 1973.

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Section 504 of the Rehabilitation Act of 1973 (Chapter 4)

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  1. Section 504 of the Rehabilitation Act of 1973 (Chapter 4) Professor Daniel J. Abbott ED 492

  2. Facts about Section 504 • Section 504 of the Rehabilitation Act of 1973 is a civil rights law. • President Nixon signed the Act into law on September 26, 1973. • Students receiving services and protection under Section 504 have the same legal right to a FAPE and LRE as students receiving services under the IDEA.

  3. Eligibility for Section 504 • Eligible students needing accommodations and modifications in order to receive a FAPE under Section 504 are provided with a Section 504 plan (which is similar to an IEP). • Congress defined students eligible for protection and services under Section 504 as follows: “Any person who (i) has a physical or mental impairment which substantially limits one or more of such person’s major life activities,

  4. Eligibility (continued) • (ii) Has a record of such an impairment • (iii) Is regarded as having such an impairment Note: The eligibility requirements for Section 504 are not as specific as the criterion necessary to for a student to be covered under an IDEA disability category. • As a result, there is not a list of Section 504 disabilities. Instead a student can be eligible for Section 504 if he/she meets: (i), (ii), and (iii) listed above.

  5. Differences between IDEA and Section 504 • Unlike the IDEA regulations, Section 504 regulations do not mandate written notice to parents regarding the intent of the school to evaluate a child for the presence of a Section 504 disability. • A school may inform parents either verbally or in writing. • Section 504 does not mandate that the school obtain parental consent prior to evaluating a student.

  6. Differences (continued) • Unlike the IDEA, Section 504 does not have a funding mechanism to support its implementation; therefore, states and school districts receive no funds for the appropriate implementation of Section 504. • Another difference affects the student with a disability who is suspended on a long-term basis (more than 10 days), under the IDEA, suspended students must continue to receive services for long term suspensions.

  7. Section 504 and Students with Behavior Problems • Section 504 does not specifically mandate an Functional Behavior Assessments (FBA) or Behavior Intervention Plans (BIP). • Section 504 does require the development of a behavior management plan to deal with a student's behavioral difficulties.

  8. Questions

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