Section 504 / Civil Rights

"No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

The ED Section 504 regulation defines an "individual with handicaps" as any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. The regulation further defines a physical or mental impairment as (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 intellectual disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The definition does not set forth a list of specific diseases and conditions that constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of any such list.

The key factor in determining whether a person is considered an "individual with handicaps" covered by Section 504 is whether the physical or mental impairment results in a substantial limitation of one or more major life activities. Major life activities, as defined in the regulation, include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

The U.S. Department of Education (ED) enforces Section 504 in programs and activities that receive financial assistance from ED. Recipients of this assistance include public school districts, institutions of higher education, and other state and local education agencies. ED maintains an Office for Civil Rights (OCR), with regional offices and a headquarters office in Washington, D.C., to enforce Section 504 and other civil rights laws that pertain to recipients of ED funds. Local school districts are responsible for implementing the provisions of Section 504. However, ultimate responsibility for enforcing the law rests with the Office of Civil Rights (OCR) of the U.S. Department of Education. The Oklahoma State Department of Education, Office of Special Education has no authority over Section 504 monitoring of compliance. If you believe that a school or school district has violated this law and your efforts to resolve your complaint at the local level have not been successful, you may file a formal complaint with the U.S. Department of Education, OCR by contacting the regional office in Kansas City (Phone: (816) 268-0550 or Email: OCR.KansasCity@ed.gov).

You may also call the OCR Hotline at 1-800-421-3481 or file a complaint using the OCR Online Complaint Form. Section 504 may also be enforced through private lawsuits. The Section 504 regulations do not contain a requirement that a person file a complaint with OCR and exhaust his or her administrative remedies before filing a private lawsuit.

• US Department of Education – Section 504
• Frequently Asked Questions: Section 504 Free Appropriate Public Education (FAPE)
• Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
• Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973

One Petticoat Lane
1010 Walnut Street, Suite 320, Kansas City, MO, 64106
Phone: (816) 268-0550
Fax: (816) 268-0559
OCR.KansasCity@ed.gov