The Evolution Of Ada Section 504

Section 504 of the Rehabilitation Act of 1973 is an American law that guarantees certain rights to people with disabilities. It was passed on September 26, 1973, and states that no otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, 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. This law was one of the first federal civil rights laws in the US to offer protection to people with disabilities and set a precedent for subsequent legislation, including the Americans with Disabilities Act in 1990.

Section 504's role in education

Section 504 of the Rehabilitation Act of 1973 is a federal law that guarantees certain rights to people with disabilities in the United States. It was one of the first federal civil rights laws to offer protection to people with disabilities and set a precedent for subsequent legislation, including the Americans with Disabilities Act in 1990.

Section 504 plays a significant role in ensuring equal access to education for students with disabilities. It applies to any "local educational agency, system of vocational education, or other school system" that receives federal financial assistance. This includes both public and private K–12 schools, as well as institutions of higher education.

Under Section 504, schools are prohibited from excluding, denying benefits to, or discriminating against students solely on the basis of their disability. To qualify for Section 504 protections, a student must have a physical or mental impairment that substantially limits one or more major life activities.

Section 504 requires school districts to provide a Free Appropriate Public Education (FAPE) to students with disabilities within their jurisdiction, regardless of the nature or severity of the disability. Schools must identify the educational needs of these students and provide regular or special education and related services to meet those needs, just as they do for students without disabilities. This is often achieved through the development of a 504 plan, which outlines the accommodations, services, and support the student will receive to access education at school.

The 504 plan is different from an Individualized Education Program (IEP) and is generally less detailed. It may include accommodations such as changes to the learning environment, instruction, or curriculum presentation. For example, a student with ADHD might be given a seat at the front of the class, while a student with dyslexia may be allowed to use text-to-speech technology. Schools are not required to create a written 504 plan, but they must have written policies regarding 504 plans.

Section 504 also covers extracurricular activities, such as sports, music lessons, and after-school care, ensuring that students with disabilities have equal access to these programs.

In the case of postsecondary institutions, the requirements of Section 504 are less stringent. Colleges and universities that receive federal funds are required to provide appropriate academic adjustments and auxiliary aids to ensure equal opportunity for students with disabilities. However, they are not obligated to make adjustments that would result in a fundamental alteration of their programs or impose an undue burden.

Section 504 has been instrumental in guaranteeing equal access to education for students with disabilities, ensuring that they receive the support and accommodations needed to thrive in their educational journey.

The social model of disability

Section 504 of the Rehabilitation Act of 1973 was passed into law on September 26, 1973. It was one of the first federal civil rights laws in the US to offer protection for people with disabilities.

The social model seeks to change society to accommodate people living with impairments, rather than the other way around. It supports the view that people with disabilities have a right to be fully participating citizens on an equal basis with others. This model is now the internationally recognised way to view and address disability.

The social model makes an important distinction between "impairments" and "disabilities". Impairments can be thought of as the functional limitations an individual might face, whereas disabilities are the disadvantages imposed on individuals by a society that views and treats impairments as abnormal and, therefore, worthy of exclusion.

According to the social model, disability is a social construct. It results from the interaction between people living with impairments and an environment filled with physical, attitudinal, communication and social barriers. This model contrasts with the medical model, which views disability as a health condition dealt with by medical professionals. From the medical model perspective, people with disabilities are seen as abnormal or different from "what is normal". They are thought to be in need of being fixed or cured, and disability is seen as a tragedy. The social model, on the other hand, does not deny the reality of impairment or its impact on the individual, but it challenges the environment to accommodate impairment as an expected incident of human diversity.

The social model proposes that a disability is only disabling when it prevents someone from doing what they want or need to do. This changes how we typically think of disability by placing the burden of responsibility on society rather than the individual. Changing aspects of the built environment and how we talk about disability can also change how we think about it.

Nixon's opposition

Nixon vetoed the Rehabilitation Act twice, in October 1972 and March 1973. His opposition to the bill was based on his concern that it would be financially detrimental to Americans. Nixon's administration also attempted to stall the regulations by rewriting them and calling for further studies into their potential impact.

The Rehabilitation Act of 1973 was intended to expand upon existing legislation from 1920, which provided vocational rehabilitation services for veterans who had been wounded and disabled in World War I. Nixon's opposition to the 1973 act was based on his belief that federal funds should not be used to support independent living centres for people with disabilities, which he saw as an unnecessary expense.

After Nixon's resignation due to the Watergate scandal, the implementation of Section 504 was delayed further by President Gerald Ford's administration. It was not until Jimmy Carter's administration that the act was finally signed into law on September 26, 1973, after significant pressure from disability rights activists.

The 504 Sit-in

During the occupation, protesters faced challenges such as restricted entry, limited food and medical supplies, and issues with cleanliness. However, they received support from various organizations and individuals, including labor unions, religious groups, and civil rights activists. Notably, the Black Panther Party provided hot meals daily, in the spirit of their food programs. The protesters also formed committees to manage tasks related to food, safety, clean-up, entertainment, communications, and fundraising.

Section 504 and the ADA

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 Americans with Disabilities Act (ADA) in 1990.

Section 504 states:

> "No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, 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 or under any program or activity conducted by any Executive agency or by the United States Postal Service."

The ADA applies to almost every entity in the United States, except churches and private clubs. Section 504, on the other hand, applies to entities that receive federal funds.

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. Both public and private colleges and universities supported by federal grants and funding programs must comply with Section 504.

The ADA can be viewed as an extension of Section 504, handling more difficult and complex situations. The framers of the ADA sought to extend provisions that now applied to the government to much of the private sector. The new law also specifically stated that the ADA would not amend or weaken Section 504. Because it was drafted based on Section 504, the ADA also framed disability in the context of civil rights rather than as a medical need, using terms such as "discrimination", "reasonable accommodation", and "otherwise qualified".

The protests and activism that led to the implementation of Section 504 also created a generation of disability rights activists and advocates who would go on to draft the ADA.

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