PL 93 112 Rehabilitation Act of 1973 Section

PL 93 -112 Rehabilitation Act of 1973 (Section 504 of the Rehab Act of 1973) “No otherwise qualified individual with a disability. . . Shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. ” 1 SPED 363/510, Dr. Keith Hyatt

PL 93 -112 Rehabilitation Act of 1973 (Section 504 of the Rehab Act of 1973) Person with a disability is defined as: 1. Has a physical or mental impairment which substantially limits one or more of the person’s major life activities; 2. Has a record of such an impairment; or 3. Is regarded as having such an impairment. 2 SPED 363/510, Dr. Keith Hyatt

PL 93 -112 Rehabilitation Act of 1973 (Section 504 of the Rehab Act of 1973) Section 504 (cont) “Physical or mental impairment” means (a) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genitourinary; hemic and lymphatic; skin; and endocrine; or (b) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 3 SPED 363/510, Dr. Keith Hyatt

PL 93 -112 Rehabilitation Act of 1973 (Section 504 of the Rehab Act of 1973) There are some conditions that are specifically excluded from coverage under Section 504. These are: transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and psychoactive substance use disorders resulting from the current illegal use of drugs. The phrase physical or mental impairment does not include homosexuality or bisexuality; these are not considered disabilities. 4 SPED 363/510, Dr. Keith Hyatt

PL 93 -112 Rehabilitation Act of 1973 (Section 504 of the Rehab Act of 1973) “major life activities” means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. “has a record of such an impairment” means having a history of, or having been classified as having, a mental or physical impairment that substantially limits one or more major life activities. Schools MUST NOT consider the ameliorating effects of any mitigating measures the student is using (new as of January 2009) 5 SPED 363/510, Dr. Keith Hyatt

A Regular education diploma IDEA, 34 C. F. R. § 300. 102(a)(1)(iv) – “the term regular high school diploma does not include an alternative degree that is not fully aligned with the State’s academic standards, such as a certificate or a general educational development credential (GED). ” Hence, the implication is that an otherwise eligible student with a disability who has acquired a GED, but not a regular high school diploma is not excluded from services under IDEA. Barnett v. Memphis City Schs. , 2004 WL 2452542 (6 th Cir. 2004). Parents not provided with full record of assessments and student showed little achievement toward IEP goals; he, nevertheless received a GED degree. Ruling: 34 C. F. R. § 102(a)(3)(i). High school graduation will only terminate a student’s eligibility under IDEA if a regular education diploma is received. 6