| With the passage of the Americans with Disabilities Act
(ADA), Section 504 of the Rehabilitation Act of 1973 is
receiving more and more attention. A recent joint memorandum
from the U.S. Department of Education and the Office for Civil
Rights regarding the eligibility of students with attention
deficit disorders reiterated the requirements of Section 504 and
the Individuals with Disabilities Education Act (IDEA). Many
questions have arisen regarding the relationship between the
ADA, Section 504, and the IDEA. Special education administrators
have requested the Office of Superintendent of Public
Instruction (OSPI) to provide technical assistance to school
districts to assure compliance with these statutes. To address
these issues, OSPI has developed this document, in cooperation
with Region 10 of the Office for Civil Rights, to assist school
districts in serving all of their students with disabilities in
a way that assures a quality education which is in compliance
with state and federal laws. This document includes a detailed
explanation of Section 504, and its procedural requirements,
sample procedural documents, highlights of the major differences
between Section 504, the ADA, and the IDEA, a flow chart for
implementation, sample accommodation plans, and suggestions for
working with the Office for Civil Rights. |
This law is critical, because it addresses
discrimination against persons with
disabilities. The law has different sections
which refer to different areas of
discrimination, as follows:
- Section 501: Employment of Handicapped
Individuals
- Section 502: Architectural and Transportation Board Compliance
- Section 503: Employment under Federal Contracts
- Section 504: Non-discrimination under Federal Grants
To this day, Section 504 provides individuals with disabilities
with basic civil rights protection against discrimination in
federal programs. The law states that
no otherwise qualified handicapped individual in the United
States shall, solely by reason of his (or her) handicap, 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.
To be eligible for the protection under Section 504, an
individual must meet the definition of a handicapped person.
This definition is:
Any person who (i) has a physical or mental impairment which
substantially limits one or more of such person's major life
activities, (ii) has a record of such an impairment, or (iii) is
regarded as having such an impairment.
Major life activities include, but are not limited to,
self-care, performing manual tasks, seeing, hearing, speaking,
breathing, learning, and walking. Section 504 covers only those
persons with a disability who would otherwise be qualified to
participate and benefit from the programs or other activities
receiving federal financial assistance. All ESE students fall
under Section 504 and necessary accommodations are specified in
the IEP.
Section 504 assures equal opportunities for children and youth
with disabilities in schools receiving federal
funds-pre-schools, elementary and secondary schools, and
postsecondary institutions. Agencies that persist in acts of
discrimination face the loss of federal funds. Along with school
districts, this includes colleges and universities, vocational
education and adult education programs, state and local
governments, places of employment, hospitals and clinics, and
public and private groups of all kinds which receive federal
financial assistance.
Public Law 93-112 has been amended several times. In 1983, P.L.
98-221, the Rehabilitation Act Amendments of 1983, authorized
several demonstration projects regarding the transition of youth
with disabilities from school to work. In 1986, P.L. 99-506, the
Rehabilitation Act Amendments of 1986, provided for programs in
supported employment services for individuals with disabilities. |
