Fostering Strengths and Supporting the Needs of Students With Disabilities

Background

Federal legislation that was passed nearly 50 years ago drastically impacted the work of school counselors. In combination, the passage of Section 504 of the Rehabilitation Act of 1973 and the Education for All Handicapped Children Act of 1975 (Public Law 94-142, which was renamed the Individuals with Disabilities Education Act [IDEA] in 1990), led to increasing numbers of students with disabilities attending and receiving specialized supports in public schools. Currently, an estimated 14% of students have diagnosed disabilities and receive services and accommodations typically outlined either through an Individualized Education Program (IEP) developed as part of requirements under IDEA, or through a 504 plan that corresponds to Section 504 (U.S. Department of Education Office for Civil Rights, 2016). Guaranteeing a free, appropriate public education to students with disabilities, IDEA provides funding to schools to support the provision of educational accommodations and related services (including counseling). It also has provisions regarding assessment and intervention to facilitate post-secondary transitions (i.e., to work, college, or independent living). In contrast, Section 504 is a civil rights law designed to prevent discrimination – it ensures students with disabilities receive education comparable to their peers without disabilities.

Currently, the IDEA supports the provision of services for students who fall under 13 disability categories: autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment, including blindness. The “other health impairment” category includes conditions that might create what IDEA [§300.8(c)(9)] describes as a limited or a heightened level of alertness affecting their ability to engage in the educational environment, and that negatively affect educational performance. Conditions such as attention-deficit/hyperactivity disorder (ADHD), epilepsy, and asthma could fall into this category. For example, a student suffering an epileptic seizure could have immediate and long-term disruptions to their learning. Each of those conditions also might meet eligibility criteria under Section 504.

Section 504 offers a broad definition of disability, and students who have a condition that negatively affects a major life activity, including educational activities such as learning, concentrating, and reading, could become eligible for services. Further, students who have hidden disabilities, or conditions that are not readily apparent, often receive services under Section 504. This is where chronic health conditions such as asthma, diabetes, epilepsy, or depression that might not be present all the time or obvious to others, can severely disrupt a student’s ability to attend school or concentrate. Also, students who have a diagnosis of ADHD might be eligible to receive services under Section 504.