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Section 504 is a civil rights statute that prohibits discrimination on the basis of a disability. Basically all school districts receiving federal funds are bound by Section 504 once again to insure that school-age children with disabilities receive the education they are entitled to. According to Ordover and Boundy (1996), “Section 504 is enforced through administrative complaints and compliance reviews by the U.S. Department of Education’s Office of Civil Rights (OCR), and also through litigation by individuals who allege deprivation of their 504 entitlements” (p. 3). Eligibility for Section 504 protections include an “individual with handicaps” and who is an individual who has mental or physical impairments that limit one or more life activities, has a record of such an impairment, and is regarded as having such an impairment. Under IDEA and Section 504 definitions, “major life activities” include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Section 504 definitions are broader than IDEA definitions protecting many children who are not eligible for services under IDEA. Ordover and Boundy (1996) give an illustration that clarifies the point. For example, a child who has an ‘other health impairment(OHI)’ such as epilepsy or AIDS, but who does not need specialized instruction and so is not a ‘child with disabilities’ within the IDEA definition is nonetheless protected against discrimination by Section 504 and its implementing regulations (p. 4). Congress in 1997 made major revisions to IDEA, and the final regulations regarding the law were released in 1999. It was at that time that the revisions to IDEA officially included ADD and ADHD as eligible conditions under “other health impairment”. Dendy (2000) states that including students with ADD and ADHD is not a new requirement, but simply a clarification of previous Department of Education (DOE) policies. Of the IDEA provisions that have a major impact on schools and the administration is the Committee on Special Education regulations. Regular education teachers must attend IEP meetings. Parents must be included as vital components in the IEP process. Parents must have access to all records and evidence of conducted Functional Behavioral Assessments, interventions, aids and services, and assistive technology when implemented. Schools are bound to provide frequent school feedback to parents the same as for regular education students. Schools are to modify their discipline codes to allow for stricter consequences when dealing with expulsion for weapons, drugs, and alcohol. In summary, the impact of IDEA and Section 504 on students with ADHD is in itself rather complex. Principals, assistant principals, teachers, School Support Teams, students, and parent(s)/guardian(s) are encouraged to review the federal laws and state regulations. Should conflicts arise around compliancy or IEP specifications, these individuals or groups should reconvene and discuss the issues of concern openly. If they do not agree or come to educationally sound / common understanding they should seek the advice of legal counsel. Knowing what the law says [from either the school side or the family side] is very important as the rights of others must always be maintained.
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Section 504
of the Rehabilitation Act of 1973