Rehabilitation Act of 1973 § 504

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with disabilities in all programs and activities conducted by recipients of federal financial assistance. Educational agencies that receive federal funds, directly or indirectly, are considered recipients. In matters pertaining to education, the lead agency is the Office for Civil Rights of the U.S. Department of Education. Section 504 has a substantial effect on education, since educational programs for students with disabilities must be equal to those provided to others. These obligations are in addition to and often overlap with schools' obligations under the Individuals with Disabilities Education Act (IDEA).

Obligations imposed by Section 504 include:

• Section 504 guarantees that all children with disabilities be provided a free, appropriate public education in the least restrictive environment.
• A person with a disability under Section 504 is any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.
• Some individuals who are not qualified for special education under IDEA may be qualified for special services under Section 504. In addition, some students may have a disability according to both definitions but not require special education. For example, some students who use wheelchairs may be qualified under both definitions. They may not require special education, but they may require special accommodations under Section 504.
• Like IDEA, Section 504 requires identification, evaluation, provision of appropriate services, notification of parents, an individualized accommodation plan, and procedural safeguards. These activities must be performed in accordance with Section 504 regulations, which have some requirements that differ from those of IDEA.
• Services and facilities for students with disabilities must be comparable to those provided to nondisabled students. Transportation schedules must not cause students with disabilities to spend appreciably more time on buses than students without disabilities; arrival and departure times must not reduce the length of the school day.
• Classes for students with disabilities should not be held in storage rooms, partitioned offices, or other inappropriate locations. Room sizes must be adequate to accommodate the educational, physical, and medical needs of the students. Teachers of students with disabilities must be provided adequate support and supplies to give their students an education equal to that of students who do not have disabilities. If teachers of students without disabilities receive clerical support, teachers of students with disabilities must also receive clerical support.
• Schools are required to provide notice to parents of evaluations, placements, and identification before a significant change in placement. Unlike under IDEA, consent is not needed for evaluation.
• Parents have the right to a due process procedure to challenge decisions regarding their child.

Read the statute (29 U.S.C. §794) here.

Read the applicable regulations (34 C.F.R. Part 104) here.