The U.S. Department of Education's Office for Civil Rights has proposed expanding the array of medical conditions that can trigger legal protections for students under Section 504 of the Rehabilitation Act of 1973. This law, commonly called "Section 504," is a civil rights law that protects those with specific disabilities and medical conditions from discrimination in federally funded educational settings.

This expansion is excellent news for students with health conditions that may not have been previously considered. If your child's school has not handled your child's medical condition appropriately, the Lento Law Firm Education Law Team can help. We are here to guide you in learning if your child qualifies for additional protections and ensuring they get every service they are entitled to. Contact the Lento Law Firm Education Law Team today by calling us at 888-535-3686 or contacting us online.

What Medical Conditions Will Now Be Covered Under Section 504?

Section 504 has historically covered a variety of medical conditions, including ADHD, autism spectrum disorder, dyslexia, deafness, and blindness. Conditions like those just mentioned were largely recognized as disabilities worthy of protection, but there was controversy as to whether and which other health conditions qualified as disabilities under the law. The Office of Civil Rights intends to add other chronic illnesses and types of cancer to the disability definition.

The Office of Civil Rights released a statement in February 2024 that schools may consider asthma, diabetes, food allergies, and gastroesophageal reflux disease (GERD) as disabilities under Section 504. In June, it expanded the coverage to include sickle cell disease, epilepsy, and cancer – which it states are seen at higher rates in the black community.

Can Any Student with These Conditions Get Section 504 Protections?

Not all students with the abovementioned conditions will be eligible for Section 504 protections. For a medical condition to constitute a medical disability under Section 504, it must "substantially limit one or more of their major life activities." When a student's medical condition doesn't align perfectly with the status quo for disability, schools can sometimes struggle to determine a student's eligibility for Section 504 protections.

If your child is struggling at school due to a medical condition and their school is not making appropriate accommodations, the Lento Law Firm can help. Our Education Law Team will let you know if your child is entitled to Section 504 or other legal protections at school. Once you know all the available options for your child, we will support you in ensuring your child's school is providing them with all appropriate accommodations to which they are entitled. If your child's school pushes back, we will fight for you.

Retain the Lento Law Firm Today

Every day your child isn't getting the educational support they need can have long-term detrimental impacts on their learning experiences. Schedule a consultation with the Lento Law Firm Education Law Team today to get your child the accommodations they need in the classroom. Call us at 888-535-3868 or contact us online.