Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability.
Who qualifies for a 504 plan?
Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability . The nondiscrimination requirements of the law apply to employers
What does 504 stand for?
Section 504, Rehabilitation Act of 1973 | U.S. Department of Labor Section 504, Rehabilitation Act of 1973 Section 794. Nondiscrimination under Federal grants and programs; promulgation of rules and regulations (a) Promulgation of rules and regulations
What does Section 504 require?
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) is a federal law that prohibits discrimination based on disability in programs and activities that receive federal financial assistance including public pre-schools, elementary, secondary and post-secondary schools.
What must the government provide under Section 504?
Aug 16, 2012 · Section 504 of the 1973 Rehabilitation Act was the first disability civil rights law to be enacted in the United States. 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.
What is the purpose of Section 504 Rehabilitation Act?
Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.
What disabilities are covered under the Rehabilitation Act?
Under the Rehabilitation Act, an individual with a disability is defined as a person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment.
What did the Rehab Act do?
The Rehabilitation Act of 1973, as Amended (Rehab Act) prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment and in the employment practices of federal contractors.
What is the Section 504 of the Rehabilitation Act of 1973?
Section 504 of the Rehabilitation Act of 1973 requires that any entity receiving federal financial assistance must ensure that persons with disabilities are not discriminated against in any and all aspects of employment, or denied access to the goods or services that these federal fund recipients provide.
What qualifies as a 504 disability?
To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment.
What is Section 7 of the 1973 Rehabilitation Act?
The major concern is with section 7(B)(i), cited above, which asserts that a handicapped individual "has a physical or mental impairment which substantially limits one or more of such person's major life activities." Federal regulations further define which persons are covered by this language.
When was the 504 Rehabilitation Act passed?
1973Section 504 passed into law as part of the Rehabilitation Act of 1973, one of the first U.S. federal civil rights laws offering protection for people with disabilities. It set up the groundwork for all future legislation protecting people with disabilities, such as the Americans with Disabilities Act (ADA).Apr 6, 2021
What is the main purpose of Section 508 of the Rehabilitation Act?
Section 508 and Section 501 of the Rehabilitation Act of 1973 are often confused with each other. Section 508 requires that the federal government procure, create, use and maintain ICT that is accessible to people with disabilities, regardless of whether or not they work for the federal government.Jan 18, 2022
How do you cite 504?
The publication's citation should be: U.S. Department of Education, Office for Civil Rights, Free Appropriate Public Education for Students With Disabilities: Requirements Under Section 504 of the Rehabilitation Act of 1973, Washington, D.C., 2010.
Can you get a 504 for anxiety?
Answer: Yes. A student may qualify for a 504 plan if anxiety gets in the way of the student participating at school. The 504 plan aims to remove barriers caused by the anxiety.
Who would qualify as a person with a disability under Section 504 of the Rehabilitation Act of 1973?
DISABILITIES COVERED UNDER SECTION 504 The ED Section 504 regulation defines an "individual with handicaps" as any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.
How is a 504 different from an IEP?
The basic difference between an IEP and a 504 plan can be summed up in one sentence: both plans provide for accommodations, but only an IEP provides for specialized instruction for students in grades K–12, while a 504 plan can serve students at both the K–12 and college levels.
What are the standards used to determine whether this section has been violated in a complaint alleging employment discrimination under
The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections related to employment.
What is a program or activity?
For the purposes of this section, the term "program or activity" means all of the operations of --. (1) (A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or. (B) the entity of such State or local government that distributes such assistance and each such department or agency ...
What is not required by subsection (a)?
Small providers are not required by subsection (a) to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services is available. The terms used in this subsection shall be construed with reference to the regulations existing on March 22, 1988.
Section 504 of the Rehabilitation Act of 1973
Children with disabilities who do not qualify for special education but need accommodations or modifications to receive an appropriate education may be entitled to what is known as a “504 Plan.” Section 504 of the Rehabilitation Act of 1973 (“Section 504”) is a federal law that prohibits discrimination based on disability in programs and activities that receive federal financial assistance including public pre-schools, elementary, secondary and post-secondary schools..
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Contact us if your think your rights have been violated or if you wish to speak with an attorney about a disability-related legal issue.
DREDF Materials
The U.S. Department of Education, Protecting Students with Disabilities: Frequently Asked Questions about Section 504 and the Education of Children with Disabilities.
For more information
The U.S. Department of Education, Protecting Students with Disabilities: Frequently Asked Questions about Section 504 and the Education of Children with Disabilities.
What is Section 508?
Section 508 requires Federal agencies to ensure that persons with disabilities (both employees and members of the public) have comparable access to and use of electronic information technology.
What are auxiliary aids?
Types of auxiliary aids may include brailled or large print versions of materials, electronic diskettes, audiotapes, qualified interpreters or readers, telecommunications devices for deaf persons (TDDs), captioning of video, and other methods of making information available and accessible to persons with disabilities.
What was the purpose of Section 504?
Higher education. The intention of Section 504 was to impact employment of people with disabilities, thu s included education . Section 504 was the first national civil rights legislation that provided equal access for students with disabilities to higher education institutions receiving federal financial assistance.
When did Section 504 start?
Initially, colleges, universities, and community colleges complied with the regulations imposed by Section 504 in the late-1970s and early to mid-1980s. Higher education institutions are required to make their programs accessible to qualified students with disabilities.
What is a 504?
Section 504 covers "any program or activity receiving federal financial assistance." If an organization receives federal support of any kind, even if the organization is not a federal or state organization, the organization must comply with Section 504. For example, airports in the United States can be at least partially funded by grants from federal and state governments, thus must be compliant. In many communities, public libraries receive federal financial assistance, directly or indirectly, so they must comply as well. Airports and public libraries became accessible according to Section 504 stipulation within a few years of the implementation of Section 504.
How long did the 504 sit in last?
In San Francisco, the occupation would last another two days, until April 30, 1977, to give the occupiers time to clean up and to allow their fellow protesters time to return from Washington so they could all leave the building together with raised fists in triumph. Some also seemed reluctant to leave the disability city, the "mini-Woodstock" they had created. The 504 Sit-in lasted a total of 25 days, and remains the longest nonviolent occupation of a federal building in U.S. history.
Who enforces Section 504?
According to the Department individuals may also file a private right of action for violations of Sec. 504. Thus, Section 504 is enforced by OCR. IDEA is carried out by another unit of the Department, the Office of Special Education Programs (OSEP).
What is a 504 plan?
A 504 plan is different and less detailed than an Individualized Education Program (IEPs). Section 504 supports rights for students for needs outside of the school day, such as extracurricular activities, sports, and after-school care, because Section 504 prohibits discrimination on the basis of disability.
What was the 504 victory?
As part of the 504 victory, the federal government funded disability activists to travel across the United States to explain to people with disabilities and local officials the rights guaranteed by the law. This helped spread the disability rights movement beyond the San Francisco Bay Area.
What is Section 504?
Fact sheet. Section 504 of the Rehabilitation Act of 1973 (Section 504) is a federal law that makes it illegal for any government or program/activity that gets federal money to discriminate against someone because of a disability. The law covers public schools because they receive federal funding. This means public schools cannot discriminate ...
What is the 504 complaint?
Department of Education, if you believe a school has violated educational rights of a student with a disability. Under Section 504, it can be discrimination if schools:
How to contact OCR?
You may also contact the OCR National Headquarters of the Office for Civil Rights at 1 (800) 421-3481 (voice) or (800) 877-8339 (TTY) or email at [email protected]. 1. Students who are in special education with an IEP, may use the US Department of Education 504 complaint process described in this fact sheet.
What are some examples of educational services?
Some examples of educational services include classes, field trips and school-sponsored clubs. Parents who think a public school has discriminated against their child may file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education. After reviewing the complaint:
What is the process of OCR?
OCR may use the Rapid Resolution Process (RRP) to try to promptly resolve the complaint if the school has fixed the problem, is trying to fix the problem, or agrees to fix the problem, or. OCR may try to help the school and the parent come to an agreement to fix the problem.
Can you file a complaint against a child?
No one should take any action against you or your child because you (1) are trying to get his or her rights enforced under Section 504 or (2) have filed an OCR complaint. You may file a complaint if there has been any retaliation by the school district or any individual.