D018 LEADING INCLUSIVE SCHOOLS TASK 1 2025/2026 (May/June) SERIES PASSED WESTERN GOVERNORS UNIVERSITY

A: Section 504 (NELP 3, PSEL 3)
Section 504 is part of the Rehabilitation Acts of 1973. Guiliani (2012) explains that it is
considered a civil rights law to those with disabilities, protecting them from discrimination based
on their disability. Individuals with disabilities are allowed to fully participate in federallyfunded programs and activities. “The purpose of the law is to provide equal access for people
with disabilities.” (ch. 14).
Section 504 has a broad reach which includes students in an educational setting. By
meeting certain standards, students under 504 are protected from discrimination in programs
receiving federal funds, including education. The U.S. Department of Health and Human
Services states that “Section 504 protects qualified individuals with disabilities.” (U.S.
Department of Health and Human Services, 2006). This disability must be a physical or mental
impairment that hinders major life activities in a substantial way. A list of major life activities
includes the following: “caring for oneself, walking, seeing, hearing, speaking, breathing,
working, performing manual tasks, and learning.” (U.S. Department of Health and Human
Services, 2006). Cortiella and Kaloi (2010) explained that this list of activities was expanded to
include eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and
communicating, essentially broadening the reach of Section 504. Mitigating circumstances can
no longer be used to prevent someone from receiving a 504 Plan. For example, a student who has
attention deficit hyperactivity disorder (ADHD) and takes medication is still eligible for a 504
plan. Other conditions covered by Section 504 include asthma, diabetes, anxiety, migraines, and
temporary disabilities, to name a few.
While Section 504 and the Individuals with Disabilities Education Act (IDEA) are
similar, there are distinct differences of which administrators and educators must be aware.