ADA/Section 504 Protections for Students with Narcolepsy
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 Narcolepsy
Narcolepsy, a chronic neurological disorder affecting sleep-wake cycles, can significantly impact a student's ability to function in school. Thankfully, Section 504 of the Rehabilitation Act of 1973 safeguards students with narcolepsy from discrimination and ensures they have equal access to education.
How Does Section 504 Apply to Students with Narcolepsy?
A student with narcolepsy can be considered disabled under Section 504 if their condition substantially limits one or more major life activities.
- Major Life Activities: These include sleeping, learning, concentrating, thinking, and communicating.
- Substantial Limitation: The impact of narcolepsy must be significant to qualify for protection.
Examples of How Narcolepsy Can Impact Students
- Frequent tardiness or absences due to sleepiness or medical appointments.
- Falling asleep in class.
- Experiencing microsleeps (brief sleep episodes), automatic behaviors (unconscious actions), or cataplexy (sudden muscle weakness).
- Difficulty concentrating due to excessive daytime sleepiness (EDS).
- Behavioral challenges like irritability, hyperactivity, social withdrawal, depression, or aggression.
Important Considerations:
- Evaluation: A clinical examination, sleep studies, and medical history can diagnose narcolepsy. However, medical tests aren't always required. A documented history of symptoms may suffice.
- Broad Interpretation: Section 504 interprets limitations broadly to cover students with narcolepsy.
- Episodic or Remission: Even if narcolepsy is episodic or in remission, it's considered a disability if it significantly 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 narcolepsy qualifies as a disability under Section 504, the school may need to provide accommodations to ensure their participation:
- Scheduled Naps: Allow short, planned naps during the day in a designated quiet space.
- Flexible Scheduling: Consider modified schedules or in-home tutoring to accommodate alertness levels.
- Test Taking Adjustments: Provide extra time, access to quiet spaces, or allow for periodic movement breaks during tests.
- Missed Work: Allow make-up work without penalty and excuse absences due to narcolepsy-related reasons.
Protection from Discrimination
Even if a student with narcolepsy doesn't require accommodations, they are still protected from discrimination based on their medical condition. 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 with narcolepsy to advocate for their right to a quality education under Section 504.
