Section 504 of the rehabilitation act of 1973 compliance. Be it enacted by the senate and house of representatives of. Section 504 of the rehabilitation act of 1973, as amended, is a civil rights law that prohibits discrimination on the basis of disability. Section 504 of the rehabilitation act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. It is important to understand section 508 in the context of other laws related to federal disability policy. Arline under section 504 of the rehabilitation act of 1973. Laws created by administrative agencies, such as the department of health and human services, by statute, congress, or the state legislature. Any questions relating to the compliance requirements of section 504 should be addressed to the office for civil rights, united states department of education. Section 504 of the rehabilitation act of 1973 center for. Section 504 of the rehabilitation act of 1973, as amended, including the preparation of a selfevaluation of all programs, activities, policies, and practices to determine areas of noncompliance, and b better understand the relationship between 504 and the americans with disabilities act ada. Section 504 of the rehabilitation act of 1973 prohibits discrimination. The goal of this webpage is to provide a general overview of major disability federal statutes, such as the americans with disabilities act, and is intended to provide only general, nonspecific legal information.
It is the policy of the pemberton township board of education to provide a free and appropriate public education fape to all students within its jurisdiction who are handicapped consistent with the definitions set forth in section 504 of the rehabilitation act. The following questions and answers are intended to assist tcap grantees and project owners to understand and comply with the nondiscrimination requirements established by section 504 of the rehabilitation act of 1973 and promulgated at. Section 504 is a civil rights law that prohibits discrimination against. Those programs include public school districts, institutions of higher education, and other state and local education agencies. The term assistive technology device has the meaning given such term in section 3 of the assistive technology act of 1998, except that the reference in such section to the term individuals with disabilities shall be deemed to mean more than one individual with a disability as defined in paragraph 20a. The rehabilitation act of 1973 section 504 ts alliance. Epas section 504 implementing regulations are published in the code of federal regulations at 40 c. Special education director telfair county schools p. Section 504 of the rehabilitation act of 1973 section 504 is intended to eliminate discrimination against individuals with disabilities in programs or activities that receive federal financial assistance. Part 7 pdf 11 pp, 40 k, about pdf nondiscrimination in programs receiving federal assistance from the environmental protection agency. Such laws authorize an agency to create its own rules or regulations.
Subpart e applies to postsecondary education programs or activities, including postsecondary vocational education programs or activities, that receive federal financial assistance and to recipients that operate, or that receive federal financial assistance for. The remedies, procedures, and rights set forth in section 717 of the civil rights act of 1964 42 u. The following discussion highlights section 504 as it pertains to the academic and program aspects of community colleges. Section 504 of the rehabilitation act of 1973 is a civil rights law that prohibits recipients of federal funding from discriminating against individuals with disabilities. Section 504 of the rehabilitation act of 1973, 34 c. Section 504 of the rehabilitation act of 1973 background section 504 of the rehabilitation act of 1973 is a civil rights law that prohibits recipients of federal funding from discriminating against individuals with disabilities. Section 504 of the 1973 rehabilitation act was the first disability civil rights law to be enacted in the united states. Later amendments strengthened requirements for access to electronic and information technology in the federal sector section 508.
Procedures manual section 504 of the rehabilitation act of. Part 104nondiscrimination on the basis of handicap in. Section 504 of the rehabilitation act of 19731 prohibits the administrators of federally funded activities and programs from discriminating against otherwise qualified handicapped persons. A development, procurement, maintenance, or use of electronic and information technology. Section 504 of the rehabilitation act of 1973 section 504, is a federal law designed to protect the rights of individuals with disabilities in programs and. Section 504 division of elementary and secondary education. Section 501 and 505 prohibits federal employers from discriminating against qualified individuals with disabilities. The law also established the access board section 502. Under this law, individuals with disabilities may not be excluded from or denied the opportunity to receive benefits.
The purpose of this part is to effectuate section 504 of the rehabilitation act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving federal. Rehabilitation act of 1973 united states access board. In addition to section 508, the rehabilitation act of 1973 has several other sections. Identification and education under section 504 of the. The following is a description of the rights granted by federal law to students, and parentsguardians of students, identified as students with disabilities under section 504 of the rehabilitation act of 1973. This is a broadly worded prohibition that covers both children and adults. Department of education regulations for section 504 is the requirement that students with disabilities. Section 504 of the rehabilitation act of 1973 compliance in rural development multifamily housing properties. Section 504 provides that no otherwise qualified person with a disability is excluded from participation in, denied benefits of, or subjected to discrimination under any. An individualized evaluation must be conducted before any action is taken with respect to the initial placement of a child who has a disability. A comprehensive guide and model policies and procedures for tennessees local education agencies on section 504 of the rehabilitation act of 1973. Education of students with disabilities under section 504 of the rehabilitation act of 1973 section 504 of the rehabilitation act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance from the u.
While the americans with disabilities act ada of 1990 is the current base law, the rehabilitation act of 1973, amended in 1978 is also cited in these legal cases, including accommodations for individuals with intellectual and developmental disabilities. Parents guide to understanding section 504 of the rehabilitation act of 1973. The rehabilitation act of 1973 is the federal statute that prohibits discrimination on the basis of disability. This law applies to public elementary and secondary schools, among other entities. The nondiscrimination requirements of the law apply to employers. Department of education from discrimination due to disability. Under section 504, fema, as a department or agency within the federal government, must ensure nondiscrimination on the basis of disability in all its programs and activities. Section 504 of the rehabilitation act of 1973 nondiscrimination under federal grants and programs. Section 504 of the rehabilitation act is published in the united states code at 29 u.
The adaaa also has a direct and substantial impact on section 504 of the rehabilitation act of 1973 section 504 a federal law designed to protect the rights. Special education section 504 of the rehabilitation act of 1973. It prohibits discrimination against people with disabilities in programs that receive federal financial assistance, and set the stage for enactment of the americans with disabilities act. This part applies to each recipient of federal financial assistance from the department of. Overview of section 504 of the rehabilitation act of 1973 congress prohibited discrimination against persons with disabilities in the rehabilitation act of 1973, in a segment most often referred to simply as section 504. Section 504 rehabilitation act of 1973 section 504 ensures that education provides a full range of accommodations for students with special needs in order to participate and benefit from general education activities. Overview of section 504 of the rehabilitation act of 1973. Section 504 civil rights law, protection from discrimination. As it relates to public education, the law states that a school cannot place a student in segregated. Those programs include public school districts, institutions of higher education, and other state and. Section 504 of the rehabilitation act of 1973 and vermont schools.
It is intended to be a resource for school district personnel in complying with the federal and state laws and regulations focusing on the education of students with disabilities. When developing, procuring, maintaining, or using electronic and information technology, each federal. Section 504 of the rehabilitation act of 1973 is a civil rights law that bans disability discrimination. The rehabilitation act of 1973 as amended by wioa pdf. Section 504 of the rehabilitation act of 1973 section 504. Section 504 of this act, put in almost as an afterthought, made it illegal for any federal agency, public university, defense or other federal contractor, or any other institution that received federal funding to discriminate against anyone solely on the basis of disability. The department of justice department implements the requirements of section 504 of the rehabilitation act of 1973, as amended, 29 u. Prohibited discrimination includes exclusion from school activities, the unnecessary provision of unequal or. Section 504 refers to section 504 of the rehabilitation act of 1973, a federal law that requires any person or agency receiving federal money to have policies in place that prohibit discrimination against persons with disabilities. Section 504 of the rehabilitation act of 1973 intended the elimination of discrimination against any student with a disability in any program offered by a school district.
District implementation guide for section 504 florida department. Section 504 of the rehabilitation act of 1973 the purpose of section 504 is to protect individuals with disabilities from discrimination for reasons related to their disabilities. Section 504 of the rehabilitation act of 1973, pub. Section 504 of the rehabilitation act of 1973, often simply called section 504, is a federal law that nationwide prohibits discrimination against people with disabilities in housingrelated programs, services, or activities conducted by hud or that otherwise receive federal financial assistance that is, that receive funding from the u. Section 504 of the rehabilitation act of 1973 is a federal civil rights statute designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance. The rehabilitation act of 1973 requires access to programs and activities that are funded by federal agencies and to federal employment. No otherwise qualified individual with a disability shall solely by reason of her or his disability. It was last amended by the public law listed in the as amended through note above. Under this law, individuals with disabilities may not be excluded from or denied the opportunity to receive benefits and services from certain programs. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on findlaw. Title ii of the ada section 504 of the rehabilitation act. Section 504 of the rehabilitation act of 1973 commonly referred to as section 504, is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance.
Additionally, students with disabilities who do not require special education are protected under section 504 and may require accommodations, instructional or related services provided by the lea through a section 504 accommodation plan in order to receive fape. Prohibited discrimination includes exclusion from school activities, the unnecessary provision of unequal or separate services, and disability harassment. Section 504 of the rehabilitation act of 1973 rehab act prohibits discrimination against people with disabilities under. The regulations for this law require the federal government to provide equal access to training and promotion opportunities, and. Section 504 prohibits discrimination against persons with disabilities, including both students and staff members, by school districts receiving federal financial assistance. Americans with disabilities act amendments ada aa 2008 act signed. The purpose of this part is to effectuate section 504 of the rehabilitation act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving federal financial assistance. Section 504 of the rehabilitation act of 1973 julie j.
Chapter 7 section 504 of the rehabilitation act of 1973. Rehabilitation act of 1973 public law 93112, approved september 26, 1973, 87 stat. Education of students with disabilities under section 504 of. One of the most important pieces of legislation during the 1970s was the rehabilitation act of 1973. Section 501 of the rehabilitation act of 1973 requires the federal government to actively hire and promote workers with disabilities. Toggle left nav legal obligation a guide to legislation. Section 504 of the rehabilitation act of 1973 disability. Student access section 504 of the rehabilitation act of 1973. The committee must include individuals knowledgeable about your child. Section 504 of the rehabilitation act of 1973 michigan. Section 504 is part of the rehabilitation act of 1973.
Section 504 of the rehabilitation act of 1973 commonly referred to as section 504, is a federal law designed. Director of exceptional student education and student services. Summary of section 504 of the rehabilitation act of 1973. The regulations for this law require the federal government to provide equal access to training and promotion opportunities, and reasonable accommodations for workers with disabilities. The intent of this brochure is to keep you fully informed. If your child has learning and thinking differences, you may have heard of a law with an oddsounding name. Section 504 of the rehabilitation act of 1973 pacer center. This includes providing eligible students who have a physical or mental disability with a free appropriate public education fape. Section 504 of the rehabilitation act of 1973 34 c. Your rights under section 504 of the rehabilitation act what is section 504. Xml rehabilitation act of 1973 as amended through p. Section 504 of the rehabilitation act of 1973 civil.
No otherwise qualified individual with disabilities in the. For additional information contact your childs school principal or school section section 504 district coordinator vision, mission, purpose. An act to replace the vocational rehabilitation act, to extend and revise the authorization of grants to states for vocational rehabilitation services, with special emphasis on services to those with the most severe handicaps, to expand special federal responsibilities and research and training programs with respect to. Rehabilitation act of 1973, on june 12, 1982, by issuing 7 cfr 15b.
Section 504 of the rehabilitation act of 1973, as amended, 29. With respect to the antidiscrimination provisions of section 504, the provisions of the americans with disabilities act ada are the same. On september 26, 1973, congress passed the rehabilitation act of 1973. Section 504 of the rehabilitation act of 1973, as amended, 29 u. This publication is a compilation of the text of public law 93112. Information and technical assistance l doj findings pdf. Department of elementary and secondary education does not administer section 504 of the rehabilitation act of 1973, nor does it monitor compliance with section 504. Rehabilitation act of 1973 national association of the deaf. This comment discusses the differences among the courts in their interpretation of the private right of action under section 504.
Under section 504, students with disabilities have the right to reasonable accommodations. Section 504 rehabilitation act of 1973 amazon web services. Get basic information about section 504 of the rehabilitation act of 1973 in this onepage fact sheet. Section 504 of the rehabilitation act of 1973 504 lan. Identification and education under section 504 of the rehabilitation act of 1973 purpose it is the intent of the fresno unified school district district to ensure that students with disabilities within the meaning of section 504 of the rehabilitation act of 1973 section 504. A comprehensive guide and model policies and procedures for tennessee s local education agencies on section 504 of the rehabilitation act of 1973. No otherwise qualified individual with a disability in the united states, as defined in section 706. Section 504 of the rehabilitation act of 1973 commonly referred to as section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance.
Department of education issued regulations in order to clarify obligations under section 504. Section 504 of the rehabilitation act of 1973 center for parent. Section 504 has provided opportunities for children and adults with disabilities in education, employment and various other settings. Placement decisions must be made by the 504 committee in each school. Students with disabilities and section 504 of the rehabilitation act of 1973 this handout is intended to give parents general information about section 504, an antidiscrimination law.
1490 490 559 1320 142 697 855 766 495 1112 1484 455 438 1445 368 1631 1410 1370 343 997 800 772 333 1669 1196 1594 1402 330 897 672 979 1022 891 187 383 1413 499 859 1444 551 780 154 987 1051 1316