ADA/Section 504 Protections for Students Who Stutter

ADA/Section 504

The Department of Education’s Office for Civil Rights (OCR) has released four new resources that inform students with disabilities, and their families and schools, about relevant legal rights under Section 504 of the Rehabilitation Act of 1973.

Section 504 Protections for Students who Stutter

Stuttering, a speech disorder characterized by sound repetitions, prolongations, or interruptions, can significantly impact a student's ability to participate in school. Section 504 of the Rehabilitation Act of 1973 safeguards students who stutter from discrimination and ensures they have equal access to education.

How Does Section 504 Apply to Students Who Stutter?

A student who stutters can be considered disabled under Section 504 if their stutter substantially limits one or more major life activities.

• Major Life Activities: These include speaking, communicating, and concentrating.
• Substantial Limitation: The impact of stuttering must be significant to qualify for protection.

Examples of How Stuttering Can Impact Students

• Avoiding class participation, discussions, or group work due to fear of stuttering.
• Falling behind on assignments due to hesitation in asking for help.
• Missing school for appointments related to stuttering therapy.
• Difficulty making friends or social isolation due to a desire to avoid stuttering situations.

Important Considerations:

• Evaluation: A speech-language pathologist can diagnose stuttering through speech analysis. However, formal assessments aren't always required. A history of speech difficulties may suffice.
• Broad Interpretation: Section 504 considers limitations broadly to cover students with stuttering.
• Episodic or Fluctuating Stuttering: Even if stuttering is episodic or varies in severity, it's considered a disability if it significantly limits communication when active.
• Mitigating Measures: Speech therapy is not considered when determining if a disability exists.

What Schools Can Do to Help

If a student's stutter qualifies as a disability under Section 504, the school may need to provide accommodations to ensure their participation:

• Extra Time for Speaking: Allow additional time for presentations or answering questions in class.
• Practice Opportunities: Provide opportunities to rehearse presentations or projects beforehand.
• Speech Modification Tools: Consider allowing the use of assistive devices like delayed auditory feedback if recommended by a therapist.
• Missed Work: Allow make-up work without penalty and excuse absences due to stuttering therapy appointments.

Protection from Discrimination

Even if a student with a stutter doesn't require accommodations, they are still protected from discrimination based on their stuttering. This includes preventing bullying or harassment.

What to Do if a School Isn't Following Section 504

If you believe a school is not meeting its obligations under Section 504, you can:

• Follow the school's established procedures for addressing concerns.
• Contact the Department of Education's Office for Civil Rights (OCR) for technical assistance or to file a complaint.

Disclaimer: This blog post is for informational purposes only and should not be considered legal advice.

I hope this information empowers students who stutter to advocate for their right to a quality education under Section 504.