The Evolution Of Section 504: A Historical Law

Section 504 of the Rehabilitation Act of 1973 is American legislation that guarantees certain rights to people with disabilities. It was the country's first civil rights law for people with disabilities and set a precedent for subsequent legislation, including the Americans with Disabilities Act in 1990. Section 504 prohibits discrimination against people with disabilities and ensures they have access to free appropriate public education (FAPE). It also covers any program or activity receiving federal financial assistance, including airports, housing, and schools. The section operates on the social model of disability, which focuses on ways in which a person's surroundings can accommodate their needs, rather than their impairment.

Section 504's role in education

Section 504 of the Rehabilitation Act of 1973 is American legislation that guarantees certain rights to people with disabilities. It was the country's first civil rights law for people with disabilities, and it set a precedent for subsequent disability rights legislation.

Section 504 plays a crucial role in ensuring that students with disabilities have equal access to educational opportunities. It prohibits discrimination against students with disabilities in any program or activity that receives federal financial assistance from the U.S. Department of Education. This includes K-12 public schools, as well as most private schools and colleges.

The section has two main purposes: removing barriers for students with disabilities in K-12 public schools and protecting students and adults with disabilities from discrimination in school settings and beyond. It requires schools to provide a Free Appropriate Public Education (FAPE) to students with disabilities, which means providing supports to give these students access to the same education as their peers without disabilities. Schools must identify and evaluate students believed to have disabilities at no cost to parents and develop a 504 plan to meet their needs.

Section 504 also covers students with hidden disabilities, such as low vision, poor hearing, or chronic illnesses, who may not be obviously disabled but still require accommodations to access learning equally. It ensures that students with disabilities have equal opportunities in extracurricular activities, sports, and after-school care.

The Office for Civil Rights (OCR) plays a vital role in enforcing Section 504 in education. They receive and address complaints from parents, students, or advocates regarding potential violations. Schools found to be in violation of Section 504 may face consequences, including the loss of federal funding.

Overall, Section 504 plays a critical role in ensuring that students with disabilities have equal access to education and are protected from discrimination, helping to create an inclusive and equitable learning environment for all.

Section 504 and employment

Section 504 of the Rehabilitation Act of 1973 is American legislation that guarantees certain rights to people with disabilities. It was the country's first civil rights law for people with disabilities, and it set a precedent for subsequent legislation, including the Americans with Disabilities Act in 1990.

Section 504 prohibits disability discrimination in employment. It states that no qualified individual with a disability shall, solely by reason of their disability, be subjected to discrimination under any program or activity receiving federal financial assistance. This includes employment conducted by any Executive agency or the United States Postal Service.

Qualified individuals with disabilities are persons who, with reasonable accommodation, can perform the essential functions of the job for which they have applied or have been hired to perform. Reasonable accommodation means that an employer is required to take reasonable steps to accommodate an employee's disability unless it causes undue hardship, such as significant structural alterations or undue financial burden.

Disability discrimination occurs when an applicant or employee is treated less favourably because of a disability. This includes adverse employment actions such as termination, demotion, or denial of promotion due to a protected characteristic like a disability. Prohibited unlawful harassment related to a person's disability can include verbal or physical conduct that creates a hostile or offensive work environment, interferes with their work performance, or adversely affects their employment opportunities.

Employers are required to provide reasonable accommodation to employees or job applicants with disabilities, as long as it does not cause undue hardship. This means making changes to the work environment or the usual way of doing things to help a person with a disability apply for a job, perform job duties, or enjoy the benefits and privileges of employment.

There are strict limits on when an employer can ask about an applicant's disability. Employers cannot ask medical questions or require a medical exam before offering a job. They can only request a medical exam after hiring if they need documentation to support an employee's request for accommodation or if the employee's medical condition affects their job performance or safety.

Section 504 also provides protection against retaliation for individuals who exercise their rights under the Act. Retaliation includes negative changes to the terms and conditions of employment, such as demotion, discipline, salary reduction, or reassignment, for engaging in legally protected activities like reporting discrimination or advocating for the rights of disabled individuals.

Enforcement and Complaint Process

If individuals believe they have been subjected to disability discrimination or retaliation in violation of Section 504, they can file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education or take legal action through a private right of action. The OCR is responsible for enforcing the Act and can investigate complaints and ensure compliance.

Impact and Legacy

Section 504 had a significant impact on employment for people with disabilities and was the first national civil rights legislation to provide equal access to higher education institutions receiving federal financial assistance. It set a precedent for subsequent legislation, including the Americans with Disabilities Act, which built upon and extended the protections of Section 504 to cover more private sector employers and businesses.

Section 504 and housing

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 federal civil rights laws offering protection for people with disabilities.

Section 504 prohibits discrimination on the basis of disability in any program or activity that receives federal financial assistance. This includes housing. The US Department of Housing and Urban Development (HUD) has a statutory responsibility under Section 504 to ensure that individuals are not subjected to discrimination on the basis of disability by any program or activity receiving HUD assistance.

Any housing that receives federal assistance, such as Section 8 public housing, is subject to Section 504 regulations and requirements. This means that housing providers may not deny or refuse to sell or rent to a person with a disability, and may not impose application or qualification criteria, rental fees or sales prices, and rental or sales terms or conditions that are different from those required of or provided to persons without disabilities.

Housing providers are also required to make reasonable accommodations for people with disabilities. A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling. For example, a housing provider with a no-pets policy may be required to allow a tenant who uses a wheelchair and has difficulty picking up items to have an assistance animal that fetches things for them.

Housing providers are not required to make accommodations that would impose an undue financial and administrative burden or fundamentally alter the nature of their operations.

If a person with a disability believes they have been discriminated against in a housing situation that does not receive federal assistance, they can file a complaint under the Americans with Disabilities Act and Title VIII of the Civil Rights Act.

Section 504 and extracurricular activities

Section 504 of the Rehabilitation Act of 1973 is American legislation that guarantees certain rights to people with disabilities. It was the country's first civil rights law for people with disabilities.

Section 504 ensures that students with disabilities have equal access to educational opportunities. It prohibits discrimination on the basis of disability in programs or activities that receive federal financial assistance from the U.S. Department of Education. This includes extracurricular activities such as sports, music lessons, and after-school care.

Seth Galanter, acting assistant secretary for the Office for Civil Rights (OCR), emphasizes the importance of extracurricular activities in a student's overall educational experience, stating that schools must ensure equal access to rewarding experiences for students with disabilities. Schools are required to identify students with disabilities, evaluate them, and create a written accommodation plan, often called a "504 Plan," to ensure their inclusion in extracurricular activities.

While implementation can be challenging, Section 504 and the Individuals with Disabilities Education Act (IDEA) both emphasize the importance of providing equal opportunities for students with disabilities to participate in extracurricular activities. IDEA specifically includes extracurricular activities and requires school districts to take steps to provide accommodations and services necessary for their successful participation.

Section 504 requires that students with disabilities have equal opportunities to participate in extracurricular activities as their peers without disabilities. School districts cannot completely deny a student with a disability the opportunity to participate in extracurricular activities. Districts must also ensure reasonable accommodations are provided unless doing so would fundamentally alter the program.

In conclusion, Section 504 of the Rehabilitation Act of 1973 plays a crucial role in ensuring that students with disabilities have equal access to educational opportunities, including extracurricular activities. It prohibits discrimination and promotes inclusion by requiring schools to provide necessary accommodations and services. By doing so, Section 504 helps to create a more inclusive and accessible learning environment for all students.

Section 504 and the Americans with Disabilities Act (ADA)

Section 504 of the Rehabilitation Act of 1973 was the first federal civil rights law in the US to offer protection for people with disabilities. It states that:

> 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.

Section 504 covers "any program or activity receiving federal financial assistance". This includes airports, public libraries, and K–12 public schools. It also applies to extracurricular and after-school programs such as sports, music lessons, and after-school care.

The Americans with Disabilities Act (ADA) of 1990 built on the Rehabilitation Act, extending its protections to employers and public spaces such as stores, museums, hotels, and restaurants. The ADA also specifically stated that it would not amend or weaken Section 504. Like Section 504, the ADA defines disability in the context of civil rights, using terms such as "discrimination" and "reasonable accommodation".

The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. To be protected by the ADA, one must have a disability or a relationship with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person with a history of such an impairment, or a person perceived by others as having such an impairment.

The ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities. It also requires state and local governments to give people with disabilities an equal opportunity to benefit from all their programs, services, and activities.

Frequently asked questions