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What is Section 504?
The Rehabilitation Act of 1973, commonly referred to as “Section
504,” is a federal statute that prohibits discrimination against
persons on the basis of their disability by institutions, such as
Scottsdale Unified School District, that receive financial federal
assistance. It states:
No otherwise qualified individual with a
disability shall solely, by reason of her or his
disability, be excluded from participation in, be denied the
benefits of, or be subjected
to discrimination under any program or activity receiving Federal
financial assistance.
Section 504’s purpose is, among other things,
to assure that disabled students have educational opportunities
and benefits equal to those provided to non-disabled students. An
eligible student under Section 504 is a student who has a physical
or mental impairment that substantially limits a major life activity.
If a student is covered by Section 504, Scottsdale Unified School
District must provide such accommodations as are necessary to ensure
that the student has equal access to services,
programs and activities offered by our schools.
How does Section 504 differ
from the ADA?
Section 504 protects students from discrimination on the basis of
disability to the same extent as the Americans with Disabilities
Act (ADA). This manual uses only the term “Section 504,”
but the District acknowledges that qualified students with disabilities
have the same rights under the ADA as under Section 504.
How does Section 504 differ
from IDEA?
A student who qualifies for special education services under the
Individuals with Disabilities Education Act (IDEA) is a qualified
disabled student under Section 504. The converse, however, is not
true: a qualified disabled student under Section 504 is not qualified
to receive special education services and the protections of IDEA.
In other words, some disabled students may qualify for accommodations
under Section 504 who do not qualify for special education services
under IDEA.
If a disabled student is receiving special education
services in accordance with IDEA, then the student is adequately
accommodated for the purposes of Section 504. For this reason, it
is not necessary or appropriate to provide a disabled student with
Section 504 protections (i.e., notice, evaluation and accommodation
plan) if the student has already been determined eligible under
IDEA. However, if a student is determined to be not eligible under
IDEA, the evaluation team may want to consider whether the student
would, nevertheless, qualify for accommodations under Section 504.
This manual will focus solely on Section 504.
Any questions regarding IDEA should be directed to a school psychologist
or the Special Education Department.
| Key Differences between
IDEA and Section 504 |
| IDEA |
Section 504 |
The student must have a disability
that falls within one or more specific categories of qualifying
conditions (i.e., autism, specific learning disability, speech
or language impairment, emotional disturbance, traumatic brain
injury, visual impairment, hearing impairment, deafness, mental
retardation, deaf blindness, multiple disabilities, orthopedic
impairment, and other health impairments).
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The Student must have a physical
or mental impairment that substantially limits a major life
activity (e.g., walking, seeing , hearing, speaking, breathing,
learning, working, caring for oneself, and performing manual
tasks). |
| The student’s disability
must adversely affect educational performance. |
The student’s disability
must prevent equal access to or benefit from the school’s
programs or services. |
Evaluation |
Full comprehensive evaluation,
including psychological evaluation. Decision by multidisciplinary
team, including parent.
|
Evaluation using relevant
information from a variety of sources. Decision by a group of
knowledgeable persons. |
| Parent consent required. |
Parent notice required. Parent
consent required only if student will undergo individualized
standardized testing. |
Annual review of student’s
IEP. Mandatory reevaluation every three years.
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“Periodic” reevaluation
required; SUSD requires annual evaluation. |
| Independent evaluation at
district expense if parents disagree with first evaluation. |
No provision for independent
evaluation at school’s expense. |
Dispute Resolution |
| District complaint |
District complaint |
| State complaint |
State complaint |
| Federal complaint |
Federal complaint |
| Due process hearing by state-appointed
hearing officer within 45 days. |
Due process hearing by District-appointed
hearing officer. |
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