Dive Brief:
- Medical conditions such as sickle cell disease, epilepsy and cancer could trigger protections in K-12 and postsecondary schools under Section 504 of the Rehabilitation Act of 1973, a civil rights law that protects people against disability discrimination, according to resources issued by the U.S. Department of Education's Office for Civil Rights on Thursday.
- Some of the accommodations listed in the resources include allowing students with cancer to consume food and water during classes and excusing students with sickle cell disease from class to go to medical appointments. Students experiencing a seizure may have a sudden onset of emotions or display repetitive behaviors, such as twitches and mouth movements, OCR said.
- These resources follow OCR's February release of guidance for civil rights protections for students with asthma, diabetes, food allergies, and gastroesophageal reflux disease (GERD) or gastroesophageal reflux (GER). Schools could face an OCR investigation if there is a complaint that these rights are being violated.
Dive Insight:
In the statement OCR sent with the resources, the office cited the Centers for Disease Control and Prevention, pointing out that Black people have higher rates of sickle cell disease and epilepsy, and that Black Americans have higher diagnosis and death rates from many kinds of cancer.
OCR is also responsible for enforcing Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color or national origin.
The resources said a student with sickle cell disease, epilepsy or cancer is a student with a disability if their medical condition "substantially limits one or more of their major life activities."
“These new resources will give all students experiencing sickle cell disease, epilepsy, or cancer, as well as their families and schools, important tools to understand when and how they are protected by federal disability rights laws,” said Assistant Secretary for Civil Rights Catherine Lhamon, in a statement.
The Education Department is drafting proposed regulations for Section 504 that would be the first major update to the rules since 1977. Educators, parents and advocates have said they hope the proposed rules will clarify how student accommodations provided by schools under that law align or depart from the rights of students with disabilities under IDEA.
The proposed Section 504 rules were expected to be released last year, but they are still being drafted.
