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Section 504 of the Rehabilitation Act: Determining Eligibility and Implications for School Districts

Marsha Belman Moses, JD, is a partner with the law firm of Bercham, Moses, & Devlin in Milford, CT. Attorney Moses specializes in education law and has been representing boards of education throughout the State of Connecticut for 28 years. Her firm represents more than 30 local boards of education and municipalities in Connecticut. Attorney Moses is a member of the School Health Committee of the American Academy of Pediatrics, Connecticut Chapter, and a frequent conference presenter on topics related to education law and related legal issues

Cynthia Gilchrest, BS, MS

Cynthia Gilchrest, MS, is the director of Pupil Services and the Section 504 Coordinator for Westport Public Schools, Westport, CT. Ms. Gilchrest has been a special educator for over 30 years and an administrator of special education and pupil services in public schools for 20 years. She holds academic degrees in elementary education, special education, school guidance, and education administration, and she is a conference presenter on varied aspects of special education and pupil services

Nadine C. Schwab, RN, MPH, PNP, NCSN, FNASN

Nadine C. Schwab, RN, MPH, PNP, NCSN, FNASN, nursing supervisor for Westport Public Schools, Westport, CT, has over 20 years of experience in school health services at the state and local levels and 15 years in community-based pediatric nursing. She is an associate clinical professor at Yale University School of Nursing, a fellow of the National Association of School Nurses, and an author and presenter on legal issues in school health

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.

Key Words: accommodation • chronic health condition • disability • discrimination • major life activity • mental impairment • physical impairment • Rehabilitation Act of 1973 • Section 504 eligibility criteria • Section 504 plan • Section 504 procedures • Section 504 team • severe food allergy • special health care need • staff training

The Journal of School Nursing, Vol. 21, No. 1, 48-58 (2005)
DOI: 10.1177/10598405050210011001


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