The New Parameters of Section 504 (IDEA)

Case No. 19 - The Meaning of "Otherwise Qualified."
In this case, the meaning of “otherwise qualified” is explored and defined in greater detail. According to the law, an educational organization is required to admit and hire individuals who are disabled yet in all other aspects otherwise qualified for the job or program. The most important element of this case, in terms of advancement for disabled people, is that the wording and the outcome of the decision in this matter involves an amendment to the definition of “handicapped individual” to not only include those who are physically impaired but also those who are “regarded” as impaired. This is a major step forward for disability advocacy. The importance of this case is that “Congress acknowledged the society’s accumulated myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment,” (Russo & Osborne, 2008, p.320).
I believe that if more parents were fully aware of the new parameters of IDEA’s Section 504, which recognizes the need for disabled students to received special education services in order to receive a FAPE and is designed to prevent discrimination, (Kalamaros Skalski, & Stanek, 2010, ), they would be better equipped to advocate for their child’s right to a FAPE.
Section 504 states that “No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance. (34 C.F.R. 104.4[a]),”
The schools would have to operate differently as it broadens the definition of disabled to include the student who is regarded as disabled to the extent that this limits a major life activity (such as learning). This would be good because it would take into account the new definition of ‘handicapped individual,” (which now includes those regarded as disabled individuals) and allow for services to be provided for more students who are legitimately in need of special education supports. This would also allow parents to understand and advocate for their student if there was any form of discrimination at play in determining the student’s eligibility.
References
Kalamaros Skalski, A. & Stanek, J. (2010). Section 504: A Guide for Parents and Educators. National Association of Psychologists. Bethesda, MD. Retrieved on 06/11/2015 @ http://www.nasponline.org/families/documents/35-1_S8-35_section_504.pdf
Russo, C.J. & Osborne, A.G. (2008). Essential Concept and School-Based Cases in Special Education Law. Corwin Press.