Section 504 of the Rehabilitation Act of 1973*

“Children who qualify as individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 may be entitled to reasonable accommodations in the educational program by nature of the protection guaranteed them as a protected class under basic civil rights laws.”  Under Section 504, “an individual with disabilities (a) has a physical or mental impairment that substantially limits one or more major life activities; (b) has a record of having a physical or mental impairment that substantially limits one or more major life activities; or (c) is not impaired but is regarded as having such an impairment.”  Therefore, a child who does not meet the criteria under IDEA for special education because the disability does not affect his educational learning may be eligible to receive special accommodations under Section 504.  The school district does not receive federal funding if a child receives services under Section 504.

*Laws that Shape Therapy Services in Educational Environments by Mary Jane K. Rapport. Occupational and Physical Therapy in Educational Environments edited by Irene R. McEwen. The Haworth Press, Inc. Binghamton, New York. 1995. ISBN 1-56024-777-0