504

**Office for Civil Rights- Frequently Asked Questions About Section 504 and the Education of Children with Disabilities**

(http://www.ecptote.state.tx.us/_private/AOTA_EI_and_Schools_permission_doc201104.pdf) Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability for any program receiving federal funds, including schools, early intervention, and Head Start programs. The Americans with Disabilities Act also prohibit discrimination on the basis of disability in education, employment, transportation, health care, and a host of other services and activities of state and local governments, including child care. Students with disabilities who are not eligible for services under IDEA may be eligible under Section 504 or the ADA if the disability is such that it significantly limits “one or more major life activities.” Examples include students who have HIV/AIDS, asthma, arthritis, attention deficit disorder/attention deficit hyperactivity disorder, traumatic brain disorder, conduct disorder, or depression. exists, services may be provided directly to a child or as a necessary accommodation. While no additional federal funds are available for services under Section 504 or the ADA, compliance with the requirements are mandatory for early childhood and school settings.
 * Section 504/Americans with Disabilities Act**
 * Occupational and physical therapists may be asked to help local school district teams determine student**
 * eligibility under Section 504 and to assist in the identification of services and development of the**
 * 504 plan.** If the 504 committee determines that an educational need for occupational or physical therapy

The determination for how districts handle provision of OT/PT/AT/APE services to students in 504 (funding, implementation, etc) is led by the Sped Director (oftentimes it may depend upon how each program and salaried position is funded, etc). For example- some salaries are split-funded (local and federal funds) allowing for a special ed AT/OT/PT staff person to be able to provide services to 504/gen ed for a percentage of their time)...Have this discussion with your directors so that you know how your district wants this handled! (The same goes for RtI services.)
 * NOTE:**


 * || **No Disability** || **Has a Disability** ||
 * **Does Not need Specially Designed Instruction (SDI)** || __General Ed__

These students are NOT substantially limited || __Section 504__

Section 504 Students who have:
 * a physical or mental impairment that substantially limits a major life activity; or
 * substantially limits a major life activity __without__ mitigating measures (meds, AT,dyslexia accomms) ||
 * **Needs SDI** || __"At Risk"__

These students need specially designed instruction for reasons other than a physical or mental impairment Ex: LEP, slow learners || __Section 504 and IDEA Eligible__

These students need specially designed instruction due to a disability that adversely affects the student's educational performance || Table developed by Jim Walsh/ Walsh Anderson 2009

Texas Project FIRST Section 504

? accommodations where to address