Section 504 Identification
An eligible student under the Section 504 of the Rehabilitation Act of 1973 is a student who (a) has, (b) has a record of having, or (c) is regarded as having a physical or mental impairment which substantially limits a major life activity such as learning. For a student to be eligible, the following two critera must be met:
1. Have a documented disability.
2. This disability must substantially limit a major life function (learning) as compared with the average child in the national population.
If you think your child is eligible for a Section 504 classification, please contact Mrs. Carly Byrnes, School Counselor at (201) 845-9113 Ext. 2112.
Special Education: Section 504
Section 504 of the Rehabilitation Act of 1973 is a civil rights law designed to eliminate discrimination on the basis of disability in any program or activity receiving Federal financial assistance. Section 504 guarantees certain rights to individuals with disabilities, including the right to full participation and access to a free and appropriate public education (FAPE) to all children regardless of the nature or severity of the disability. Specifically, 34 C.F.R.§104 states: "No otherwise qualified individual with a disability in the United States...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 requires the provision of appropriate educational services; services that are designed to meet the individual needs of qualified students to the same extent that the needs of students without a disability are met. Essentially Section 504 was designed to "level the playing field," to ensure full participation by individuals with disabilities.
To qualify under Section 504 a student must: Be determined to have a physical or mental impairment that substantially limits one or more major life activities including learning and behavior. Have a record of having such an impairment OR be regarded as having such impairment.
How can Section 504 help my child?
Section 504 ensures that a qualified child with a disability has equal access to education. The child may receive appropriate accommodations and modifications tailored to the child's individual needs.
What is an "appropriate" accommodation under Section 504?
An appropriate accommodation for a student with a disability under Section 504 could entail:
education in regular classrooms,
education in regular classrooms with supplementary services, modifications
and/or accommodations, or other related services.
How do I get my child covered under Section 504?
In order to receive services under Section 504, a child must first be determined to have a disability that substantially limits one or more major life functions, including education, learning, and behavior. Only the school can determine if your child qualifies for accommodations. Parents seeking to have their child receive services under Section 504 should take the following steps: