Chapter 5
Section 504 and the Americans
with Disabilities Act
Jacob, Decker, & Hartshorne
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The Rehabilitation Act of 1973
Section 504 of The Rehabilitation Act
of 1973 states:
“No otherwise qualified handicapped
individual in the United States…shall,
solely by reason of his handicap, be
excluded from the participation in, or be
denied the benefits of, or be subjected to
discrimination under any program or
activity receiving Federal financial
assistance.”
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IDEA vs. 504
• Federal funds are provided under IDEA to
each state that develops an acceptable
plan to offer a free and appropriate
education to all children with disabilities
within the state.
• Compliance with IDEA is monitored by the
Office of Special Education Programs
(OSEP) at the level of the state.
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Section 504
• School districts must comply with 504 if they
receive any federal funds for any purpose.
• The Office of Civil Rights (OCR) monitors
compliance with 504 by responding to
complaints including complaints from
individuals.
• OCR may remove federal funds from a
district not in compliance with 504.
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IDEA v. 504
• Children who qualify as having a disability
under IDEA also are protected by
504/ADAA.
• The Americans with Disabilities
Amendments Act of 2008 (ADAA)
restored the original broad definition of
impairment under 504/ADAA that had
been narrowed by case law.
• Obligations under 504 are “broader but
shallower” than IDEA.
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Ups and Downs of 504
• Passed in 1973, but initially ignored.
• In 1980s, OCR enforcement activities, court
decisions, and parent advocacy efforts
resulted in heightened awareness of Section
504.
• With IDEA 1997 and 2004 changes, 504 may
become less important as a means of
ensuring educational accommodations to
pupils who are struggling in the general
education curriculum. Disability harassment
claims appear to be on the rise, however.
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Overview of 504
• 504 prohibits schools from discriminating
on the basis of disability in providing any
aid, benefit, or service.
• Provides legal protection from
harassment on the basis of disability.
• Under 504, schools must provide
accommodations for students with
disabilities to ensure they are afforded
educational opportunity equal to their
non-disabled peers.
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Discrimination under 504
• Schools may not deny pupils with disabilities an
opportunity to participate in or benefit form any
of the services or benefits it affords others.
• Schools may provide different or separate
benefits or services to pupils with disabilities
but only if such action is necessary to provide
them with services that are as effective as those
provided to others.
• When separate programs or activities exist in
order to meet the needs of students with
disabilities, a school may not deny a qualified
student with a disability the opportunity to
participate in programs or activities that are not
separate or different.
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504 also requires schools to make
accommodations for student with
504-only disabilities to ensure they
are afforded educational
opportunity equal to their nondisabled peers.
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504/ADAA Eligibility
• A 504/ADAA individual with a disability is a
person who has a physical or mental
impairment which substantially limits one or
more of his or her major life activities.
• Major life activities include, but are not
limited to, caring for oneself, performing
manual tasks, seeing, hearing, eating,
sleeping, walking, standing, lifting, bending,
speaking, breathing, learning, reading,
concentrating, thinking, communicating, and
working.
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Major Life Activity Includes Bodily
Functions
Major bodily functions
A major life activity also includes the
operation of a major bodily function,
including but not limited to, functions
of the immune system, normal cell
growth, digestive, bowel, bladder,
neurological, brain, respiratory,
circulatory, endocrine, and
reproductive functions.
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504/ADAA
The definition of disability under
504/ADAA does not apply to
impairments that are transitory and
minor. A transitory impairment is an
impairment with an actual or expected
duration of 6 months or less.
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504/ADAA
A 504/ADAA individual with a disability
includes persons with a history of
impairment and those regarded as
having an impairment who may in fact
have no actual impairment. This aspect
of the law prevents discrimination on
the basis of perception of a disability.
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504/ADAA Evaluation Requires
Determination of the Following:
• Is there a physical or mental impairment?
• Does that impairment substantially limit a
major life activity?
• What kind of accommodations would be
needed so that the student will be able to
enjoy the benefits of the school program?
• 504 does not require a specific
categorical diagnosis.
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504 Evaluation to Determine
Eligibility
• Schools must have 504 referral and evaluation
policies and procedures to meet “Child Find”
requirement.
• An evaluation of a student is required under 504
if it is believed that the pupil may qualify as
having a disability under 504/ADAA and may
need special school services or
accommodations because of that impairment.
• Schools should notify parents of their rights
under 504 when permission for evaluation is
requested (or if the parent requests an
evaluation and the school denies the request).
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Evaluation Procedures
• Test and evaluation materials must be valid,
fair, and administered by trained personnel.
• Decisions must be made by a group of
persons knowledgeable of the child, the
evaluation data, and the educational options.
• Evaluations must be timely.
• Evaluations must be at no cost to the parent.
• Periodic reevaluation is required and
reevaluation is required prior to change of
placement.
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504 Accommodation Plan
• A description of the nature of the concern.
• A description of the basis for the determination of
the 504/ADAA disability.
• A description of how the 504/ADAA disability affects
a major life activity.
• A description of the accommodations that are
necessary.
• The date when the plan will be reviewed or
reassessed.
• The names and titles of the participants at the
accommodation plan meeting.
– Identification of a case coordinator is recommended. The
accommodation plan should be included in the student’s
cumulative file, and reviewed on the predetermined date.
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Meaning of “Free Appropriate
Public Education” under 504
• “Appropriate education” is defined under
504 as “the provision of regular or special
education and related services… that are
designed to meet the individual needs of
handicapped persons as adequately as the
needs of non-handicapped persons are
met…”
• Section 504 (like IDEA) requires placement
in the least restrictive appropriate
environment.
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Nature of the Required Accommodations
for 504-Only Pupils
• DOE suggested over 20
accommodations for 504-only pupils
who have impairments that affect
classroom performance.
• 504-only pupils may have access to all
IDEA programs and services, even if
they do not qualify under IDEA.
• Special accommodations are often
required for physically and healthimpaired students.
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Procedural Safeguards under 504
• Notice to parents of any decision regarding the
identification, evaluation, or education plan for the
student.
• Information provided the parent should be in the
native language of parent.
• Parents must be afforded the opportunity to
examine relevant educational records.
• Parents have the right to an impartial hearing to
resolve 504 disputes and they may be represented
by counsel.
• Parents may appeal the decision ordered by the
Section 504 hearing officer.
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Remedies Available to Parents
Complaints to OCR.
Lawsuits.
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