Section 504 of the Rehabilitation Act

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". 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 can still be 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. Violations of Section 504 in the educational environment can be addressed locally with the education agency or with the Office for Civil Rights (OCR) of the U.S. Department of Education. Violations of Section 504 can result in a loss of the federal funding. According to the Department individuals may also file a private right of action for violations of Sec. 504. Thus, Section 504 is enforced by OCR. IDEA is carried out by another unit of the department, the Office of Special Education Programs (OSEP). Extracurricular activity Section 504 covers extracurricular and after school programs such as sports, music lessons, and afterschool care. 34 C.F.R. § 104.37. The Department of Education Office of Civil Rights has determined that Section 504 applies to: • Playgrounds - Hazleton (Pennsylvania) Area School District, 17 EHLR 907 (OCR, March 7, 1991); San Francisco (California) Unified Sch. Dist., 23 IDELR 1200 (OCR, November 26, 1995); Mill Valley (CA) Elementary Sch. Dist., 23 IDELR 1190 (OCR, October 10, 1995); • Band programs - Akron (Ohio) City Sch., 19 IDELR 793 (OCR, January 15, 1993); • Special programs and assemblies - Whitman-Hanson (Massachusetts) Regional Sch. Dist., 20 IDELR 775 (OCR, August 19, 1993); Atlanta (Georgia) Pub. Sch., 16 EHLR 19 (OCR, January 9, 1989) • Field trips and off site programs - Ontario-MontClair (California) Unified Sch. Dist., 24 IDELR 780 (OCR, February 7, 1996); Elk Grove (California) Unified Sch. Dist., 21 IDELR 941 (OCR, August 1, 1994) • Clubs - Colquitt County (Georgia) Sch. Dist., 25 IDELR 244 (OCR, June 6, 1996); South Central (Indiana) Area Special Educ. Coop., 17 EHLR 248 (September 25, 1990); • Afterschool and summer programs - Clayton (Missouri) Sch. Dist., 16 EHLR 766 (OCR, March 16, 1990); Conejo Valley (California) Unified Sch. Dist., 23 IDELR 448 (OCR, June 28, 1995); • Graduation - Aldine (Texas) Indep. Sch. Dist., 16 EHLR 1411 (OCR, July 12, 1990); and • Late bus transportation - Carmel Cent. (New York) Sch. Dist., 20 IDELR 1177 (OCR, September 30, 1993). Higher education The intention of Section 504 was to impact employment of people with disabilities, thus included education. 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 common way higher education institutions are linked to federal funds is through the federal student aid programs. Initially, colleges, universities, and community colleges complied with the regulations imposed by Section 504 in the late-1970s and early to mid-1980s. Higher education institutions are required to make their programs accessible to qualified students with disabilities. Qualified students with disabilities are determined by the admissions criteria of the individual higher education institution. Students wishing to receive accommodations must initiate the process, which varies per higher education institution. This process largely subscribes to the medical model of disability, as many higher education institutions require medical documentation of diagnosis and functioning regarding the disability during the accommodation application process. These colleges and universities are required to make reasonable accommodations for students with disabilities who attend their institutions. ==Rights under Section 504==

Although not in the text of the statute, courts have held that individuals have a private right of action under Section 504. While punitive damages are not available, compensatory damages are available to plaintiffs. Arguably, these rights extend to include emotional distress damages. In addition to its responsibility for enforcing other federal statutes prohibiting discrimination in housing, the U.S. 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. Section 504 charges HUD's Office of Fair Housing and Equal Opportunity with enforcing the right of individuals to live in federally subsidized housing free from discrimination on the basis of disability. Further, Section 504 covers employment discrimination based on disability and requires HUD and HUD-assisted agencies to make reasonable accommodations for the known physical or mental limitations of an employee or qualified applicant. It covers all HUD programs except for its mortgage insurance and loan guarantee programs. Any housing that receives federal assistance, such as Section 8 public housing, is subject to Section 504 regulations and requirements. Any person with a disability who believes that have been discriminated against in a HUD-funded program or activity may file a complaint with HUD under Section 504. A complaint can be filed with HUD's Office of Fair Housing and Equal Opportunity. If a person with disabilities feels subject to discrimination in a housing situation that does not receive federal assistance, they can also file a complaint, under the Americans with Disabilities Act and Title VIII of the Civil Rights Act. == History ==

The early history of federal legislation benefiting people with disabilities includes the Civilian Vocational Rehabilitation Act of 1920 (Smith-Fess Act) passed after World War I, one of the first U.S. laws that provided services for all Americans with disabilities, not just veterans with disabilities. Over the years, subsequent laws and amendments included additional vocational rehabilitation measures. As a law that fell within the office of Health, Education, and Welfare, this was an unlikely place for a social justice provision, yet inserting such a rights clause happened without fanfare. Working behind the scenes on what most believed was a bill related to budget, a staffer added the thirty-five words that addressed issues of discrimination related to disability. This was a departure from then prevailing views that considered disability to be purely a medical condition. As well, early versions of the Rehabilitation Act of 1973 were vetoed by Nixon in October 1972 and March 1973. In 1972, Disabled in Action demonstrated in New York City with a sit-in protesting one of the vetoes. Led by Judith E. Heumann, eighty activists staged this sit-in on Madison Avenue, stopping traffic. In 1972, demonstrations were also held by disabled activists in Washington, D.C. to protest this veto; among the demonstrators were Disabled in Action, Paralyzed Veterans of America, the National Paraplegia Foundation, and others. advocated to keep the regulations of Section 504 of the Rehabilitation Act in place unchanged. Section 504 required another step before being implemented (and thus enforced), a signature from the Secretary of Health, Education, and Welfare (HEW). In 1975, a federal lawsuit was filed to force the agency to act. In July 1976, a federal district for Washington DC ruled that the regulations should be issued "with no further unreasonable delays." As the arrival of a new president drew near, HEW Secretary under departing President Gerald Ford, David Matthews, left them unsigned. In San Francisco, the occupation would last another two days, until April 30, 1977, to give the occupiers time to clean up and to allow their fellow protesters time to return from Washington so they could all leave the building together with raised fists in triumph. Some also seemed reluctant to leave the disability city, the "mini-Woodstock" they had created. The 504 Sit-in lasted a total of 25 days, and remains the longest nonviolent occupation of a federal building in U.S. history. The protest is considered "perhaps the single most impressive act of civil disobedience in the United States over the last quarter-century." It brought together people with different disabilities to forge coalitions that would work together to draft and pass the 1990s Americans with Disabilities Act (ADA). The protests also led Califano to sign the regulations for the 1975 Education for All Handicapped Children Act, another law awaiting a signature from the head of HEW after congress had passed it. Along with provisions from 504, this law paved the way for bringing children with disabilities into the educational mainstream, giving them access to better schooling and opportunities. Congress explicitly intended to expand the definition of disability when passing the law, choosing to focus more on whether "entities covered under the ADA" were successfully performing their duties in a way that did not focus on excluding people from protection. ==See also==