A Historical Perspective: 504 Became Law In 1973

Section 504 of the Rehabilitation Act of 1973 became law in the US on September 26, 1973. It was one of the first federal civil rights laws to offer protection for people with disabilities. The law prohibits discrimination against people with disabilities and ensures they have access to federal programs and activities. Despite the law being passed in 1973, it wasn't until 1977 that it was enacted after protests from disability rights activists.

Section 504 sit-ins

The 504 Sit-in was a disability rights protest that began on April 5, 1977, in response to the government's failure to implement Section 504 of the Rehabilitation Act of 1973. This Act was the first major disability rights legislation in the United States, passed over 15 years before the Americans with Disabilities Act. Section 504 prohibited discrimination against people with disabilities in any program or activity receiving federal funding, including libraries, transportation services, and schools. Despite being signed into law by President Richard Nixon in 1973, it was not fully enforced, leaving people with disabilities without the necessary access and accommodations.

The 504 Sit-in was organized by disability rights activists, with key organizers and participants including Judy Heumann, Kitty Cone, Brad Lomax, Mary Jane Owen, Corbett O'Toole, and Hale Zukas. The leadership was primarily led by women, with LGBTQ+ women playing an important role. The protest began with a rally at San Francisco's Civic Center Plaza, where over 500 disabled individuals and their allies gathered. Following the rally, nearly 150 people with disabilities entered the Health, Education, and Welfare (HEW) Federal Building and climbed to the fourth floor, where the regional offices were located. Over 120 activists occupied the building, refusing to leave until their demands were met, even when threatened with arrest and eviction.

Government officials attempted to remove the activists by cutting phone lines and denying them food, water, and medicine. However, the protesters were prepared, and Deaf and CODA (Child of Deaf Adult) protesters used sign language to communicate through the windows with their allies outside, who provided them with the necessary supplies. The disabled protesters received support from various organizations and individuals, including labor unions, religious groups, and civil rights activists. Notably, the Black Panther Party provided hot meals and supplies, with Brad Lomax, a Black Panther member and disability rights activist, playing an integral role in mobilizing this support.

The San Francisco sit-in lasted 25 days, making it the longest nonviolent occupation of a federal building in U.S. history. The protesters' demands were finally met on April 28, 1977, when Joseph Califano, the Secretary of Health, Education, and Welfare, signed and implemented Section 504, agreeing to provide greater access and accommodations for people with disabilities in federally funded buildings. This victory was a groundbreaking moment in the disability rights movement, paving the way for the Americans with Disabilities Act, which was signed into law in 1990.

The 504 Sit-in brought attention to the struggles faced by people with disabilities and highlighted the need for better accessibility and accommodations. It was a powerful reminder of the importance of standing up for one's rights and fighting for change, even in the face of adversity. The protest is considered "perhaps the single most impressive act of civil disobedience in the United States" during that time, solidifying the American struggle for disability rights and bringing together people with different disabilities to forge coalitions.

The Rehabilitation Act of 1973

Section 501

Section 501 prohibits employment discrimination against people with disabilities in the federal sector, including the U.S. Postal Service, the Postal Regulatory Commission, and the Smithsonian Institution. It does not require a minimum number of employees at the worksite to be covered.

Section 503

Section 503 prohibits employers with federal contracts or subcontracts from discriminating against applicants and employees with disabilities. It also requires affirmative steps to hire, retain, and promote people with disabilities. The non-discrimination provisions apply to companies with contracts exceeding $10,000, while the affirmative action provisions apply to companies with 50 or more employees and contracts of $50,000 or more.

Section 504

Section 504 prohibits discrimination against people with disabilities by any program or activity receiving federal financial assistance or conducted by a federal executive agency or the U.S. Postal Service. There is no minimum threshold for coverage, and no requirement for a minimum number of employees. Section 504 also protects job applicants and employees of the organizations that provide these programs.

Section 508

Section 508 addresses information technology, requiring federal agencies' information and communications technology to be accessible to people with disabilities, including employees and members of the public.

The Americans with Disabilities Act

The ADA is a comprehensive law that ensures equal rights and opportunities for individuals with disabilities, guaranteeing their participation in various aspects of society, including employment, access to goods and services, and state and local government programs. It is enforced by various federal agencies, including the Equal Employment Opportunity Commission and the Department of Justice, depending on the specific title or section being addressed.

The Education for All Handicapped Children Act

Public schools were mandated to evaluate children with disabilities and create an educational plan with parent input that would emulate, as closely as possible, the educational experience of non-disabled students. The act was an amendment to Part B of the Education of the Handicapped Act enacted in 1966.

The act also required that school districts provide administrative procedures so that parents of disabled children could dispute decisions about their children's education. Once the administrative efforts were exhausted, parents were authorised to seek judicial review of the administration's decision. The mandatory system of dispute resolution created by EHA was an effort to alleviate the financial burden created by litigation pursuant to the Rehabilitation Act.

The law was passed to meet four goals:

• To ensure that special education services are available to children who need them
• To guarantee that decisions about services to students with disabilities are fair and appropriate
• To establish specific management and auditing requirements for special education
• To provide federal funds to help states educate students with disabilities

The EHA was revised and renamed as the Individuals with Disabilities Education Act in 1990 to improve special education and inclusive education.

The Individuals with Disabilities Education Act

IDEA places two major responsibilities on states and their public schools. Firstly, school districts must provide a FAPE to children with disabilities and ensure they learn alongside their peers as much as possible in the least restrictive environment (LRE). Secondly, schools must give parents a voice in their child's education, providing them with specific rights and protections, known as procedural safeguards.

IDEA has been revised many times since its enactment. The most recent amendments were passed by Congress in 2004, with final regulations published in 2006 for school-aged children (Part B) and in 2011 for babies and toddlers (Part C).

IDEA is distinct from Section 504 of the Rehabilitation Act of 1973, which was one of the first federal civil rights laws offering protection for people with disabilities. While IDEA applies specifically to K-12 schools, Section 504 covers any program or activity receiving federal financial assistance, including higher education institutions. Section 504 also has a broader definition of disability than IDEA.

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