As part of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) Section 504 is a law that prevents discrimination against all individuals with disabilities. This law covers a much broader category than IDEA (The Individuals with Disabilities in Education Act), which is only applicable in an education setting. Section 504 applies to a broad range of issues including public access for those with disabilities (wheelchair ramps, handicap accessible restrooms etc.). The law protects against discrimination in the workplace and applies to children in academic settings. Specifically for Section 504 an individual must have a physical or mental impairment. This impairment must “substantially limit at least one major life activity.” Examples of major life activities as stated in this law include learning, reading, writing, math, paying attention, seeing, hearing, speaking, breathing, walking, working and caring for oneself.
In the academic realm Section 504 does not mandate the initiation of an Individualized Education Program (IEP). It does not mandate academic modifications such as a smaller class size, individual para-professional support or speech/language and occupational therapy services. Section 504 does serve children with a wide range of medical conditions that may impact learning or access to learning. While IDEA provides services based on demonstrated weaknesses, Section 504 can serve a broader population including a student who has a medical condition that may cause weaknesses. A “504 Plan” can provide mandated accommodations for a child with Dyslexia or AD/HD that may include extended time for tests or assignments, preferential seating, or use of a keyboard for writing assignments. In the case of a student with diabetes or a severe peanut allergy a plan may include regular snack times, permission to eat and drink during instruction or a special peanut-free table in the lunch room. One major benefit of a 504 Plan is that it is a legal document that moves with a student from school to school, district to district, and with verification from a medical doctor will continue to be valid even if data shows that a student does not qualify for or ceases to qualify for an IEP. While the benefits and supports of IDEA are greater, the criteria is more stringent and IDEA only serves an individual while he or she is a student. ADAAA is in place to provide accommodations to support individuals over the lifespan.