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Section 504 was enacted through the legislative vehicle of PL93-112, the Rehabilitation Act amendments of 1973. Although it is brief in actual language, its implications are far reaching. The statute reads in part: “No otherwise qualified handicapped individual in the United States shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance...” (29 U.S.C. 794)
It is necessary for the Burlington Public School System to identify children who are eligible for protections and services under Section 504 and to develop and provide appropriate services and protections to those students. Section 504 uses a broad, noncategorical definition of disability. There are some students who may not be considered eligible for special education under the Individuals with Disabilities Act (IDEA), but do have certain protections under Section 504. Under Section 504 (U.S.C. 706 (8)) a person is considered to have a disability if that person (1) has a physical or mental impairment which substantially limits one or more of such person’s major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment. A person’s major life activities are “…functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.”
Within the Burlington Public Schools, the Guidance Counselor coordinates the 504 plans. If you have specific questions about your student’s 504 accommodation plan, please contact your student’s Guidance Counselor. |