BACKGROUND


Section 504 is a federal law designed to protect the rights of individuals with disabilities.  The Section 504 regulations require a school district to provide a “free and appropriate public education” (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability.  Under Section 504, FAPE consists of the provision of services and supports designed to meet the student’s individual educational needs as adequately as the needs of nondisabled students are met.

Section 504 and the ADA protect qualified individuals with disabilities.  An individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment.  Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.  Under Section 504 and the ADA, a person is a qualified individual with a disability if he or she meets the essential requirements for receipt of services or benefits, or participation in the programs or activities of a covered entity.  The question of whether a particular condition is a disability within the meaning of Section 504 and the ADA is determined on a case-by-case basis.