Section 504 of the Rehabilitation Act of 1973 is the first piece of federal legislation addressing the civil rights of persons with disabilities. Its broad anti-discrimination policies ensure that individuals with disabilities receive equal opportunities in programs receiving federal funds. The law states that:

"No otherwise qualified handicapped individual in the United States… shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

The law ensures equal access to programs receiving these funds, such as public schools, housing, colleges, universities, or post-secondary vocational or adult education programs receiving federal funds. The intent of this law and other civil rights laws is "to help deliver the promise that every individual has the right to develop his or her talents to the fullest." (U. S. Department of Education, 1999). By requiring reasonable accommodations Section 504 gives individual with disabilities meaningful equal opportunity.

This section of the website provides information about Section 504 of the Rehabilitation Act in the topics.

• Who is Covered by the Law?
  
  
• Section 504 in Education
  
  
• Modifications and Accommodations
  
  
• Resources and References on Section 504
  
  

Who Is Covered by the Law?

An individual who is considered disabled under Section 504 is one ho has a physical or mental impairment, has a record of such an impairment or is regarded as having such an impairment which substantially limits one or more major life activities. Major life activities include things such as working, learning, seeing, hearing, or walking, taking care of oneself. Section 504 has a broad, noncategorical definition of disabilities. A public school student who receives the protections of Section 504 of the Rehabilitation act may or may not be in need of special education or qualify for such services as outlined in the Education of All Handicapped Children Act (and subsequent revisions: The Individuals with Disabilities Education Act; The Individuals with Disabilities Education Act Amendments). The law requires that qualified persons be provided education which is comparable to th at of others. The provision of accommodations and auxiliary aids was identified as a means to implement this.

Section 504 in Education

Section 504 regulations mandate a number of responsibilities and requirements for public education programs receiving federal monies. Some of these include:

• Annual location and identification of all under-served handicapped children;
• Provision of a free, appropriate public education and related aids and services to meet the individual needs of students with disabilities as adequately as the needs of nonhandicapped persons are met;
• Equal opportunities of children with disabilities to participate in nonacademic and extracurricular services and activities (U.S. Department of Education Office of Civil Rights, 1995).

Some examples from the U.S. Department of Education Office of Civil Rights (1995) of how school can accommodate the needs of students with disabilities under Section 504 are included below:

• A student with an emotional or mental disability or illness may need adjustments of his/her schedule to attend regular counseling or therapy
• A student with chronic medical needs (such as kidney or liver disease) may have difficulty with physical stamina or walking long distances. This student may need special parking, adequate time to get to classes, or other scheduling considerations.
• A student with arthritis may experience frequent, chronic pain requiring a modified physical education program.

Students who qualify under Section 504 have the right to a Section 504 Accommodation Plan. This Accommodation Plan is a written plan that describes the services and placement a child receives. This is developed and monitored by general education professionals. A group of individuals knowledgeable about the child develop the Accommodation Plan. Children who are eligible for special education services under IDEA already have a comprehensive Individualized Education Program, and do not have an additional Section 504 Accommodation Plan.

Modifications and Accommodations

Section 504 requires accommodations that achieve "meaningful equal opportunity." Modifications, accommodations and auxiliary aids are required in education services to provide access to the benefits enjoyed by nondisabled individuals. These must be provided with an individual student's needs in mind. Some examples of auxiliary aides and services include:

- Taped texts

- Interpreters

- Open & closed captioning

- Braille calculators, printers or typewriters

- Telecommunications devices for deaf persons

- Assistive listening systems

- Notetakers

- Readers

- Television enlargers

(U.S. Department of Education Office of Civil Rights, 1998)

Resources and References on Section 504

Online Documents on Section 504

• Henderson, K. (1995). An Overview of ADA, IDEA, and Section 504. ERIC EC Digest E537. The ERIC Clearinghouse on Disabilities and Gifted Education. Reston, VA: The Council for Exceptional Children.
  http://www.ericec.org/digests/e537.html
  
  
• National Information Center for Children and Youth with Disabilities (NICHCY). The education of children and youth with disabilities: What do the laws say? News Digest # ND15.
  http://www.nichcy.org/pubs/newsdig/nd26.htm
  This news digest is available in PDF and hypertext formats. The digest covers information on the education and civil rights of children and youth with disabilities. Three laws are reviewed, including PL 94-142, Section 504 of the Rehabilitation Act, and the Carl D. Perkins Vocational Education Act.
  
  
• Rosenfeld, S. J. (1999). Section 504 and IDEA: Basic similarities and differences.
  http://www.ldonline.org/ld_indepth/legal_legislative/edlaw504.html
  
  
• U.S. Department of Education Office of Civil Rights (1998). Auxiliary aids and services for post-secondary students with disabilities: Higher education's obligation under Section 504 and Title II of ADA.
  http://www.ed.gov/offices/OCR/auxaids.html
  
  
• U.S. Department of Education Office of Civil Rights (1995). The civil rights of students with hidden disabilities under Section 504 of the Rehabilitation Act of 1973.
  http://www.ed.gov/offices/OCR/hq5269.html
  
  
• U. S. Department of Education, Office of Civil Rights. (January, 1999). Impact of the civil rights laws.
  http://www.ed.gov/offices/OCR/impact.html
  
  

Print Resources and References

Kirk, S. A., Gallagher, J. J. & Anastasiow, N. J. (2000). Educating exceptional children (9^th ed.). Boston: Houghton Mifflin Company.

Turnbull, H. R. III, & Turnbull, A. P. (1998). Free appropriate public education: The law and children with disabilities (5^th ed.). Denver: Love Publishing Company.

Ysseldyke, J. E., Algozzine, B., & Thurlow, M. (2000). Critical issues in special education (3^rd ed.). Boston: Houghton Mifflin Company.