Section 504 of the Rehabilitation Act of 1973, is American legislation that guarantees certain rights to people with disabilities. It was one of the first U.S. federal civil rights laws offering protection for people with disabilities. It set precedents for subsequent legislation for people with disabilities, including the Virginians with Disabilities Act in 1985 and the Americans with Disabilities Act in 1990.
Summary of the Section
Section 504 of the Rehabilitation Act of 1973 states (in part):
It is Pub. L. No. 93-112, 87 Stat. 394 (Sept. 26, 1973), codified at et seq.
As amended in 1974, Section 111, Pub L. 93-516, 88 Stat. 1619 (Dec. 7, 1974), 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 for which they would be hired. The United States Department of Labor also indicates that "Small Providers" do not have to make "significant structural alterations to their existing facilities" to accommodate individuals with disabilities.
Implications
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.
Requirements for educational programs
K–12 schools
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." Although the Individuals with Disabilities Education Act (IDEA) also applies to K-12 schools, the existence of IDEA does not mean the Rehabilitation Act is superfluous. IDEA only protects a subset of children and youth who have disabilities—those who satisfy its definition for "child with a disability". The definition of disability under Section 504 is broader than that of the Individuals with Disabilities Education Act, so some children who do not meet the IDEA definition of disability are served under Section 504.
Section 504 requires school districts to provide Free Appropriate Public Education (FAPE) to children with disabilities, who may benefit from public education, within the individual district's jurisdiction. Regardless of the child's disability, the school district must identify the child's educational needs and provide any regular or special education to satisfy the child's educational needs just as well as it does for the children without disabilities. This may be accomplished by developing an education plan for the child. When done so under Section 504 of the Rehabilitation Act, it is referred to as a 504 plan. This 504 plan covers accommodations, services, and support the child will be receiving in order to have access to education at school. 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. While the process for accommodating students varies per institution, schools generally comply with Section 504 by identifying students with disabilities and evaluating those students. If the students are eligible, they 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.