ADA/Section 504 Protections for Students with Migraine

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 with Migraine

Migraine headaches can be debilitating and significantly impact a student's ability to participate in school. Thankfully, Section 504 of the Rehabilitation Act of 1973 can protect students with migraine and ensure they have equal access to education.

How Does Section 504 Apply to Students with Migraine?

A student with migraine can be considered disabled under Section 504 if their migraines substantially limit one or more major life activities.

• Major Life Activities: These include:
  • Bodily Functions: Such as the neurological system, brain systems, seeing, speaking, learning, reading, concentrating, thinking, and communicating.
• Substantial Limitation: The impact of migraines must be significant to qualify for Section 504 protection.

Examples of How Migraine Can Impact Students

• Frequent absences due to migraine attacks or needing to use the restroom.
• Difficulty concentrating, fatigue, confusion, and other neurological symptoms.
• Sensitivity to light, sound, and odor during an attack, which can cause distress.
• Vision loss or disturbances, motor challenges, slurred speech, and mood changes.
• Feeling tired in class due to fatigue after a migraine attack.
• Anxiety or fear about the possibility of a migraine attack.

Important Considerations:

• Evaluation: Whether a student has migraine can be established by a medical professional. However, medical examinations are not always required. A student's history of symptoms may be sufficient.
• Broad Interpretation: Section 504 considers limitations broadly to ensure coverage for students with migraine.
• Episodic or Remission: Migraine is considered a disability even if it's episodic or in remission, as long as it substantially limits activities when active.
• Mitigating Measures: Medication is not considered when determining if a disability exists.

What Schools Can Do to Help

If a student's migraine qualifies as a disability under Section 504, the school may need to provide accommodations to ensure the student can participate in school. Here are some examples:

• Learning Environment: Adjust lighting, remove air fresheners, or allow sunglasses and hats to minimize triggers.
• Alternative Materials: Provide audiobooks, speech-to-text software, or reduce reliance on computer screens if bright light is a trigger.
• Flexible Learning: Allow distance learning or provide materials for home use during migraine episodes.
• Missed Work: Allow make-up work without penalty and excuse absences due to migraines.
• Test Taking: Provide extra time or allow rest breaks during exams if a migraine occurs.
• Hydration and Snacks: Permit access to water and snacks to help prevent attacks.
• Quiet Space: Provide a quiet room for rest and recovery during an attack.
• Medication Access: Allow access to medication with proper authorization.

Protection from Discrimination

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

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.