What is Section 504?
A Civil Rights Law
Prohibits discrimination against persons with disabilities by agencies receiving federal dollars
Not an education law
Enforced by the Office of Civil Rights
What McAlester Public Schools programs have to comply with Section 504?
All Programs offered by the school district Pre-Kindergarten through 12th Grade
Before/after school programs (Discovery Club)
Field trips or other activities
Potential other agencies providing programming at McAlester Public Schools
Who is eligible for protections of Section 504?
A student with a physical or mental impairment that causes substantial limitation of a major life activity.
What is a physical or mental impairment?
Any psychological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; speech organs; cardiovascular; reproductive; digestive; genitor-urinary, hemic and lymphatic; skin and endocrine; any mental or psychological disorder (such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities).
What is a substantial limitation?
Limits the ability of the student to perform major life activity as compared to most people
What are major life activities?
Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. The operation of a major bodily function such as:
Immune system (Severe Allergy)
Normal cell growth (Leukemia, other cancer)
Digestive (Cystic Fibrosis, Crohn's Disorder)
Bowel (Irritable Bowel Syndrome, IBS)
Bladder (Neurogenic Bladder)
Neurological (ADHD, Epilepsy)
Brain (Static Encephalopathy, Concussion)
Respiratory (Asthma, Cystic Fibrosis)
Reproductive functions (Ovarian Cyst)
Any one of these, not all, or in combination, qualifies.
Determination of substantial limitation must be made without regard to the ameliorative effects of mitigating measures.
What are mitigating measures?
Medication, medical supplies, equipment, appliance, low-vision devices, prosthetics including limbs and devices, hearing aids and cochlear implants, mobility devices, oxygen therapy
Learned behavioral or adaptive neurological modification
Reasonable accommodations or auxiliary aids or services
Accommodations and auxiliary aids include:
Qualified interpreters or other effective methods available to students with hearing impairments
Qualified readers, taped text, or other methods used with students with visual impairments
Acquisition or modification of equipment or devices, other similar services and actions
Does the parent/guardian need to give permission for their student to be evaluated for a Section 504 Plan?
Yes. The evaluation is completed by a team of people knowledgeable about the student when the parent/guardian has given permission.