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Section 504 of the Rehabilitation Act: determining eligibility and implications for school districts
Marsha Moses1, Cynthia Gilchrest, Nadine C Schwab
1Law Firm of Bercham, Moses, & Devlin in Milford, CT, USA.
Abstract:
Today, school districts are challenged in meeting the health and educational needs of students with chronic health conditions. One of the challenges school districts face is determining when students with health-related disabilities are eligible for services under Section 504 of the Rehabilitation Act of 1973. This article reviews Section 504 and its regulations as they apply to public schools, particularly with respect to eligibility criteria for students with special health care needs. The article also reviews recent case law and explores the implications of these legal standards for school district practice, including the need for clear policies and procedures, consistent Section 504 teams, training, and alternatives for meeting the needs of students who are found not to be eligible for services under Section 504.
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