Section 504

Section 504 of the Rehabilitation Act of 1973 is a federal law which prohibits discrimination against persons with disabilities. The principal purpose of Section 504 is to assure that students with disabilities are not denied access to educational facilities, programs or opportunities on the basis of their disability.

For a student to qualify for Section 504 protection, the student must: (1) have a mental or physical impairment, (2) which substantially limits, (3) one or more major life activities. A student also qualifies for protection under Section 504 if he/she has a record of such an impairment or is regarded as having such an impairment.

Section 504 requires that Birmingham Public Schools offer a Free Appropriate Public Education (“FAPE”) to each eligible student who has a physical or mental impairment that substantially limits a major life activity. The FAPE obligation extends to all students described in this paragraph, regardless of the nature or severity of their disability.

Section 504 guarantees certain rights to parents of students with disabilities. The intent of these procedural protections is to keep the parent/guardian fully informed about educational decisions concerning their child, and to inform the parent/guardian of their rights if they disagree with any of these decisions. At age 18, these rights transfer to the student. A Notice of Procedural Safeguards – Section 504 has been developed for distribution to parents.