In a previous article, I spoke of the law that allows your child to receive special services in his or her school setting due to physical, learning, and/or emotional struggles. In this article, I would like to address the second law that entitles your children to obtain these supportive educational services. This law is called Section 504 of the Rehabilitation Act of 1973. It’s the same law that protects employees from discrimination in the work place based on a disability. It enforces ramps in public buildings, elevators in second-story buildings, and accessibility to bathrooms.
A child who qualifies for services under 504 receives what is called a 504 Plan. It’s the responsibility of the school district to identify and evaluate students who, within the intent of Section 504 of the Rehabilitation Act of 1973, need special services or programs so that these students can receive the required appropriate education.
In order to be found eligible for a 504 plan, the student must have a physical or mental impairment that substantially limits one or more major life activities, including learning; or the student must have a record of such impairment; or is regarded as having such impairment. Students may be eligible for services under the provisions of Section 504 even though they do not require services pursuant to the IDEA.
Each qualified person within the school district who is eligible to receive regular, special education, or related aids or services (regardless of the nature or severity of the condition necessitating such services), shall receive free appropriate education in the district. In other words, these services should not cost the family a dime. They are put in place to give children the support they need in order to perform at their optimal academic level.
Think of the student who has Attention Deficit Disorder, Inattentive Type. This student is highly distractible, struggles with focusing on tasks and completing those tasks, is often forgetful, and cannot seem to pay close attention to detail. All of these symptoms are part of this child’s disability. Should this child be punished for having these symptoms? Should this child be punished for having this disability? What about the child who has a hearing impairment? Should that child be punished for his disability? Unfortunately, without the use of the aids or accommodations discussed above, this is exactly what happens.
