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Are current illegal users of drugs excluded from protection under Section 504?

April 26, 2017drugs excluded illegal section Users

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Are current illegal users of drugs excluded from protection under Section 504?

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Generally, yes. Section 504 excludes from the definition of a student with a disability, and from Section 504 protection, any student who is currently engaging in the illegal use of drugs when a covered entity acts on the basis of such use. (There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs).