STATE OF SOUTH CAROLINA

DEPARTMENT OF EDUCATION
MOLLY M. SPEARMAN
STATE SUPERINTENDENT OF EDUCATION

MEMORANDUM

TO: District Superintendents

District Directors of Special Education
District 504 Plan Coordinators

FROM: Barbara Drayton

Deputy General Counsel, Office of General Counsel

DATE: August 18, 2021

RE: Individuals with Disabilities Education Act, Americans with Disabilities Act, and
Section 504 Requirements and COVID-19 Mitigation Strategies

The purpose of this correspondence is to reiterate the requirements under not only the Individuals
with Disabilities Education Act (IDEA), but also Title II of the Americans with Disabilities Act
(ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) when considering
whether mask mandates are necessary for certain individuals in an educational setting. There are
instances where the consideration of mask mandates is necessary for specific individuals who
provide instruction and related services to, or come into contact with, students who are medically
fragile, have immunocompromised and immunodeficiency conditions, or are otherwise at
significant risk for medical conditions that make them more likely to become seriously ill,
consistent with the Centers for Disease Control and Prevention and the South Carolina
Department of Health and Environmental Control.

Under federal law, public agencies, including local educational agencies (LEAs) must make
reasonable modifications to their policies, procedures, and practices to accommodate students
with disabilities and ensure equal access to and the ability to benefit from education in the least
restrictive environment. Please remember that not all students with disabilities have
individualized education programs (IEPs). Under the ADA and Section 504, a person has a
disability if he or she: (1) has a physical or mental impairment that substantially limits a major
life activity; (2) has a record of such an impairment; or (3) is regarded as having such an
impairment. Major life activities include, for example, breathing and concentrating as well as
major bodily functions such as functions of the immune system.

RUTLEDGE BUILDING · 1429 SENATE STREET · COLUMBIA, SC 29201

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IDEA, ADA, and Section 504 Requirements and COVID-19 Mitigation Strategies
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August 18, 2021

In addition to students with IEPs and Section 504 accommodation plans, students with individual
healthcare plans who need support services, nursing or other related services, and/or
accommodations to assist in monitoring and managing their health-related issues in the
educational setting are also protected under the ADA and Section 504. A student does not need
to be substantially limited in his or her learning to be eligible for protection and services under
the ADA and Section 504. The ADA and Section 504 also protect students and parents from
discrimination, retaliation, harassment, coercion, and intimidation for exercising the rights
afforded to students under these provisions of law.

When considering whether a mask mandate or any other accommodation is necessary to meet a
student’s individual and unique needs and ensure equal access to and the ability to benefit from
education, such decisions must be based on the that particular student’s impairment and
circumstances. Decisions must be made on a case-by case basis by the student’s IEP team,
Section 504 team, and/or other group of individuals knowledgeable of the student and the
student’s impairment or condition. These decisions must not be based on state and/or local
across-the-board policies, procedures, practices, and prohibitions.

For additional questions and information, please contact Barbara Drayton at

bdrayton@ed.sc.gov.

phone: 803-734-8500 ● fax: 803-734-3389 ● ed.sc.gov