A Rare Opportunity to Shape Education for Students with Disabilities

The Department of Education is working on updating the regulations implementing Section 504 of the Rehabilitation Act of 1973. This is a rare opportunity to shape education for students with disabilities, and not only because of how long it’s been since these regulations were last updated. It's also because of the incredibly broad scope of the various improvements the Department is considering. Traditionally, when federal agencies look for input before changing a regulation, they provide guiding questions to help frame which specific areas they're seeking to improve. The process laid out by the Department didn’t include any such guiding questions, it simply asked for written comments on how best to improve the current regulations.

Help AOTA by providing your input on the process of developing and implementing 504 plans!

The regulations were initially developed by the Department to implement a bedrock civil rights law that is as transformative as it is vague. The language in Section 504 extending civil rights protections to people with disabilities simply states that no person can be excluded from participating in, or receiving the benefits from, any program or activity receiving federal funding. The simple language of Section 504 ensures the right for students with disabilities to receive a free, appropriate public education (FAPE), protected by the federal government.

While the Education for All Handicapped Children Act, which later became the Individuals with Disabilities Education Act (IDEA), includes a provision providing FAPE to students with disabilities, it’s an education funding law. The Supreme Court has ruled that states aren’t required to adhere to funding laws, such as the IDEA, if they don’t take any of the associated funding. However, states are required to adhere to civil rights laws, such as the Americans with Disabilities Act, and Section 504.

While the IDEA and Section 504 both impact education for students with disabilities, at their core they are meant to do different things. The IDEA’s purpose is to ensure that students with disabilities receive an educational benefit from public schools through specially designed instruction and related services. Section 504’s focus is to protect students with disabilities from discrimination, and provide them with reasonable accommodations to participate in, or benefit from school. Section 504 is also broader in its definition of a disability. Put another way, all students with a disability are eligible for Section 504 accommodations, but not all students eligible for 504 are also eligible for the IDEA.

This distinction is important, and it is what makes hearing from school-based occupational therapists and occupational therapy assistants so important. Take a few minutes and provide our Federal Affairs team with feedback on what works and what could improve. The next opportunity to have an impact on the education for students with disabilities could be a far way off.