Section 504 of the Rehabilitation Act of 1973 is a federal law that prohibits discrimination on the basis of disability. Unlike Individuals with Disabilities Education Act (IDEA) that governs special education, Section 504 is not an education, service, or funding statue. The purpose of Section 504 is to ensure that individuals with disabilities are given the same opportunity to participate in programs and activities as are their nondisabled peers.

Students may qualify for protection under Section 504 if they have a mental or physical impairment that substantially limits one or more major life activities. A label, disability, or diagnosis, alone, does not make a student eligible under Section 504. The disability must substantially limit the student’s performance as compared to the performance of the average student in the general population.

Yes, evaluation does not always mean a test or formal psychological evaluation. It involves gathering data from various sources so the Section 504 committee can make informed decisions. Common sources include grades, attendance records, health info, standardized test scores, teacher comments, observations, medical records, and discipline referrals. The committee will also consider any data from the parent, including medical documentation and private evaluations.