Section 504 of the Rehabilitation Act
Encyclopedia
Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat. 394 (Sept. 26, 1973), codified at et seq., is American
legislation
that guarantees certain rights to people with disabilities. Section 504 is widely recognized as the first civil-rights statute for persons with disabilities. It took effect in May 1977. Because it was successfully implemented over the next several years, it helped to pave the way for the Virginians with Disabilities Act in 1985 and the 1990 Americans with Disabilities Act.
Section 504 states (in part):
Codified as 29 U.S.C. 794.
According to this law, Individuals with Disabilities are:
where
However, "For purposes of employment", Qualified Individuals with Disabilities must also meet "normal and essential eligibility requirements", such that:
where
That is, Qualified Individuals with Disabilities must be able to perform the job duties associated with the job they will hired for. The USA Department of Labor also indicates that "Small Providers" do not have to make "significant structural alterations to their existing facilities" to accommodate the individual with the disability.USA Dept of Labor - Section 304 discussion
The broad reach of Section 504 is implied in the statutory language above. Section 504 covers "any program or activity receiving Federal financial assistance". Federal funds underwrite airports all over the country - it is no accident that airports were among the first American facilities to become fully accessible. Federal funds also flow to some 3,000 colleges and universities nationwide, typically in the form of grants and cooperative agreements, but also through financial assistance for students. Colleges, universities, and community colleges became accessible in the late 1970s and early to mid 1980s because of Section 504. Public libraries in many thousands of communities receive federal financial assistance, directly or indirectly. These, too, became accessible within just a few years of the implementation of section 504.
The law also pertains to any "local educational agency (as defined in section 8801 of Title 20), system of vocational education, or other school system". As applied to K-12 schools, "the language broadly prohibits the denial of public education participation, or enjoyment of the benefits offered by public school programs because of a child’s disability." Because another law, the Individuals with Disabilities Education Act
(IDEA), also applies to K-12 schools, people sometimes mistakenly assume that, with IDEA, the Rehabilitation Act is superfluous. In fact, however, IDEA only protects a subset of children and youth who have disabilities—those who satisfy its definition for "child with a disability".Title 34—Education § 300.8 "Child with a disability means a child . . . having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as ‘‘emotional disturbance’’), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related
services." Many young people with disabilities do not meet that definition. However, many are protected by Section 504. In addition, Section 504 can be valuable in providing rights to students for issues outside of the school day such as extracurricular activities, sports, and after school care. That is because Section 504 prohibits discrimination on the basis of disability. For example, were a basketball coach to cut a student with a disability from the team simply because he did not want to be bothered by having a player on the team who has a disability, Section 504 is what would offer the student protection against such unjust treatment.
Schools comply with Section 504 with the following process: Identify students with disabilities; evaluate those students; if the student is eligible, create a written accommodation plan, often called a "504 Plan". It is similar to, but often shorter than, the IDEA Individualized Education Program
(IEP). Parents, teachers, and school staff are a part of the process. Parents have due process rights; where they disagree with the determinations of the school, they have a right to an impartial hearing.
Violations of Section 504 in the educational environment can be addressed locally with the education agency or with the Office for Civil Rights (OCR) of the U.S. Department of Education. Violations of Section 504 can result in a loss of the federal funding. According to the Department individuals may also enjoy a private right of action for violations of Sec. 504. Thus, Section 504 is enforced by OCR. IDEA, by contrast, is carried out by another unit of the Department - the Office of Special Education Programs (OSEP).
to make "Sign 504" its #1 priority and to launch a nationwide demonstration led by Frank Bowe
, then ACCD's head, in March and April 1977. The regulations were finally issued in late April 1977. Over the next several years, Section 504 was somewhat controversial because it afforded people with disabilities many rights similar to those for other minority groups in the Civil Rights Act of 1964
. Throughout the Reagan administration
, efforts were made to weaken Section 504. Not only did those fail, but the Americans with Disabilities Act of 1990
extended Section 504 to much of the private sector (notably private employers, stores, hotels, and restaurants), while specifically stating that it made no amendments, weakening or otherwise, to Section 504.
The US Department of Education Office of Civil Rights has determined that Section 504 applies to
Extracurricular Activities
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
that guarantees certain rights to people with disabilities. Section 504 is widely recognized as the first civil-rights statute for persons with disabilities. It took effect in May 1977. Because it was successfully implemented over the next several years, it helped to pave the way for the Virginians with Disabilities Act in 1985 and the 1990 Americans with Disabilities Act.
Section 504 states (in part):
No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal ServiceUnited States Postal ServiceThe United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
.
Codified as 29 U.S.C. 794.
According to this law, Individuals with Disabilities are:
"persons with a physical or mental impairment which substantially limits one or more major life activities."
where
"Major life activities include caring for one's self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning."USA Dept of Health&Human Services - Section 304 discussion
However, "For purposes of employment", Qualified Individuals with Disabilities must also meet "normal and essential eligibility requirements", such that:
"For purposes of employment, Qualified Individuals with Disabilities are persons who, with Reasonable Accommodation, can perform the essential functions of the job for which they have applied or have been hired to perform. "
where
"Reasonable Accommodation means an employer is required to take reasonable steps to accommodate [one's] disability unless it would cause the employer undue hardship."
That is, Qualified Individuals with Disabilities must be able to perform the job duties associated with the job they will hired for. The USA Department of Labor also indicates that "Small Providers" do not have to make "significant structural alterations to their existing facilities" to accommodate the individual with the disability.USA Dept of Labor - Section 304 discussion
"The ADA (Americans With Disabilities Act) was passed in 1990, and seems to pick up where the Rehabilitation Act left off. Borrowing from the §504 definition of disabled person, and using the familiar three-pronged approach to eligibility (has a physical or mental impairment, a record of an impairment, or is regarded as having an impairment), the ADA applied those standards to most private sector businesses, and sought to eliminate barriers to disabled access in buildings, transportation, and communication. To a large degree, the passage of the ADA supplants the employment provisions of §504, reinforces the accessibility requirements of §504 with more specific regulations".David M. Richards, Attorney at Law - Richards Lindsay & Martin, L.LP.
The broad reach of Section 504 is implied in the statutory language above. Section 504 covers "any program or activity receiving Federal financial assistance". Federal funds underwrite airports all over the country - it is no accident that airports were among the first American facilities to become fully accessible. Federal funds also flow to some 3,000 colleges and universities nationwide, typically in the form of grants and cooperative agreements, but also through financial assistance for students. Colleges, universities, and community colleges became accessible in the late 1970s and early to mid 1980s because of Section 504. Public libraries in many thousands of communities receive federal financial assistance, directly or indirectly. These, too, became accessible within just a few years of the implementation of section 504.
The law also pertains to any "local educational agency (as defined in section 8801 of Title 20), system of vocational education, or other school system". As applied to K-12 schools, "the language broadly prohibits the denial of public education participation, or enjoyment of the benefits offered by public school programs because of a child’s disability." Because another law, the Individuals with Disabilities Education Act
Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act is a United States federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities...
(IDEA), also applies to K-12 schools, people sometimes mistakenly assume that, with IDEA, the Rehabilitation Act is superfluous. In fact, however, IDEA only protects a subset of children and youth who have disabilities—those who satisfy its definition for "child with a disability".Title 34—Education § 300.8 "Child with a disability means a child . . . having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as ‘‘emotional disturbance’’), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related
services." Many young people with disabilities do not meet that definition. However, many are protected by Section 504. In addition, Section 504 can be valuable in providing rights to students for issues outside of the school day such as extracurricular activities, sports, and after school care. That is because Section 504 prohibits discrimination on the basis of disability. For example, were a basketball coach to cut a student with a disability from the team simply because he did not want to be bothered by having a player on the team who has a disability, Section 504 is what would offer the student protection against such unjust treatment.
Schools comply with Section 504 with the following process: Identify students with disabilities; evaluate those students; if the student is eligible, create a written accommodation plan, often called a "504 Plan". It is similar to, but often shorter than, the IDEA Individualized Education Program
Individualized Education Program
In the United States an Individualized Education Program, commonly referred to as an IEP, is mandated by the Individuals with Disabilities Education Act...
(IEP). Parents, teachers, and school staff are a part of the process. Parents have due process rights; where they disagree with the determinations of the school, they have a right to an impartial hearing.
Violations of Section 504 in the educational environment can be addressed locally with the education agency or with the Office for Civil Rights (OCR) of the U.S. Department of Education. Violations of Section 504 can result in a loss of the federal funding. According to the Department individuals may also enjoy a private right of action for violations of Sec. 504. Thus, Section 504 is enforced by OCR. IDEA, by contrast, is carried out by another unit of the Department - the Office of Special Education Programs (OSEP).
History
Section 504 was the last sentence in the 1973 Act. However, more than three years later, no implementing rules had been issued. That spurred the American Coalition of Citizens with DisabilitiesAmerican Coalition of Citizens with Disabilities
The American Coalition of Citizens with Disabilities was, in the mid-1970s to early 1980s, a national consumer-led disability rights organization called, by nationally syndicated columnist Jack Anderson and others, “the handicapped lobby”...
to make "Sign 504" its #1 priority and to launch a nationwide demonstration led by Frank Bowe
Frank Bowe
Frank G. Bowe was the Dr. Mervin Livingston Schloss Distinguished Professor for the Study of Disabilities at Hofstra University. As a disability rights activist, author, and teacher, he accomplished a series of firsts for individuals with disabilities.- "Father of Section 504" :Dr...
, then ACCD's head, in March and April 1977. The regulations were finally issued in late April 1977. Over the next several years, Section 504 was somewhat controversial because it afforded people with disabilities many rights similar to those for other minority groups in the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
. Throughout the Reagan administration
Reagan Administration
The United States presidency of Ronald Reagan, also known as the Reagan administration, was a Republican administration headed by Ronald Reagan from January 20, 1981, to January 20, 1989....
, efforts were made to weaken Section 504. Not only did those fail, but the Americans with Disabilities Act of 1990
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009....
extended Section 504 to much of the private sector (notably private employers, stores, hotels, and restaurants), while specifically stating that it made no amendments, weakening or otherwise, to Section 504.
Extracurricular Activity
Section 504 covers extracurricular and after school programs such as sports, music lessons, and after school care. 34 C.F.R. § 104.37.The US Department of Education Office of Civil Rights has determined that Section 504 applies to
- Playgrounds - Hazelton (PA) Area School District, 17 EHLR 907 (OCR, March 7, 1991); San Francisco (CA) Unified Sch. Dist., 23 IDELR 1200 (OCR, November 26, 1995); Mill Valley (CA) Elementary Sch. Dist., 23 IDELR 1190 (OCR, October 10, 1995);
- Band Programs - Akron (OH) City Sch., 19 IDELR 793 (OCR, January 15, 1993);
- Special Programs and assemblies - Whitman-Hanson (MA) Regional Sch. Dist., 20 IDELR 775 (OCR, August 19, 1993); Atlanta (GA) Pub. Sch., 16 EHLR 19 (OCR, January 9, 1989)
- Field Trips and Off Site Programs - Ontario-MontClair (CA) Unified Sch. Dist., 24 IDELR 780 (OCR, February 7, 1996); Elk Grove (CA) Unified Sch. Dist., 21 IDELR 941 (OCR, August 1, 1994)
- Clubs - Colquitt County (GA) Sch. Dist., 25 IDELR 244 (OCR, June 6, 1996); South Central (IN) Area Special Educ. Coop., 17 EHLR 248 (September 25, 1990);
- After School and Summer Programs - Clayton (MO) Sch. Dist., 16 EHLR 766 (OCR, March 16, 1990); Conejo Valley (CA) Unified Sch. Dist., 23 IDELR 448 (OCR, June 28, 1995);
- Graduation - Aldine (TX) Indep. Sch. Dist., 16 EHLR 1411 (OCR, July 12, 1990); and
- Late Bus Transportation - Carmel Cent. (NY) Sch. Dist., 20 IDELR 1177 (OCR, September 30, 1993).
Legal Rights under Section 504
Although not in the text of the statute, courts have held that individuals have a private right of action under Section 504. While punitive damages are not available, compensatory damages are available to plaintiffs. See Barnes v. Gorman, 536 U.S. 181, 185 (2002). Arguably, these rights extend to include emotional distress damages. See Section 504 Brief, arguing that emotional distress damages are available under Section 504.External links
- The Act
- Section 504 NICHCY
- Section 504 at Section 508.gov
- Frequently Asked Questions About Section 504 and the Education of Children with Disabilities US Dept of Education
- Overview of Section 504 Section504idea.org
- Section 504 and Food Allergy Primer Primer on Section 504 and Food Allergy in Schools
- Fairbanks North Star Borough School District Section 504 Handbook Filled with forms and outlines and excellent information.
- University of Iowa Section 504 Training
- Cybertelecom :: Section 504 implications for the provision of IT
- Class Member A blog written by the mother of a class member in a statewide lawsuit regarding inclusion in education in Pennsylvania.
- Section 504 Brief A brief arguing that emotional distress damages are available under Section 504.
- USA Dept of Health&Human Services and USA Dept of Labor are Official Government Websites
Extracurricular Activities
- * Section 504: Accommodations & After-School Programs Robert Crabtree
- * Non-Academic and Extracurricular Services under Section 504 Phil Stinson, Esq.
- * Beyond the Classroom, iPAT University of Iowa