Section 504 of the Vocational Rehabilitation Act

  • Your rights under section 504 - Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency, including the U.S. Department of Health and Human Services (DHHS). These organizations and employers include many hospitals, nursing homes, mental health centers and human service programs.
  • Frequently asked questions from the US Department of Education - The Chicago Office of the Office for Civil Rights developed these materials in response to numerous requests from educators, parents and advocates in Wisconsin to clarify the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, in the area of elementary and secondary education. In partnership with the Wisconsin Department of Public Instruction and the Wisconsin Council of Administrators of Special Services, OCR invited over 60 administrators, educators, parents and advocates to participate in three focus groups, at Eau Claire, Green Bay and Madison, respectively.
  • The Law as described from the US Department of Labor - The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), including the application of sections 706(f) through 706 (k) [42 U.S.C. 2000e-5(f) through k)] shall be available, with respect to any complaint under section 791 of this title, to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In fashioning an equitable or affirmative action remedy under such section, a court may take into account the reasonableness of the cost of any necessary work place accommodation, and the availability of alternative therefor or other appropriate relief in order to achieve an equitable and appropriate remedy.
  • The law - Text of Section 504 of the Rehabilitation Act
  • Explanation of the law - Section 504 (of the Rehabilitation Act of 1973, as amended) is a civil-rights provision. It does not provide funding for any programs or activities; rather, it is a requirement that accompanies federal financial assistance to not-for-profit organizations such as schools and universities. Any not-for-profit organization that receives federal grants - for any purpose - must comply with section 504.
  • Wrightslaw summary - Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 does not require the school to provide an individualized educational program (IEP) that is designed to meet the child's unique needs and provides the child with educational benefit. Fewer procedural safeguards are available for disabled children and their parents under Section 504 than under IDEA.
  • Section 504 and IDEA: Basic Similarities and Differences - Although parents of children with disabilities are frequently more familiar with the Individuals with Disabilities Education Act (IDEA), they should also acquaint themselves with Section 504 of the Rehabilitation Act (hereinafter "Section 504"). Knowledge of both statutes, and particularly their implementing regulations, often is necessary to be sure of securing an appropriate education for children with disabilities. Indeed, for some children with disabilities, Section 504 may be more important -- the only legal mandate requiring education agencies to provide special education or related services to a child with a disability.
  • Presentation materials and papers on Section 504 - From this page, you can download great presentation materials and papers on Section 504.
  • From the U.S. Department of Justice - Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.
  • Who is protected under the law? - A "qualified handicapped person" is defined as one who meets the requisite academic and technical standards required for admission or participation in the post-secondary institution's programs and activities...
  • The impact of the law on postsecondary education - Colleges and universities receiving federal financial assistance must not discriminate in the recruitment, admission, or treatment of students. Students with documented disabilities may request modifications, accommodations, or auxiliary aids which will enable them to participate in and benefit from all post-secondary educational programs and activities. Post-secondary institutions must make such changes to ensure that the academic program is accessible to the greatest extent possible by all student with disabilities.
  • This is an overview of Section 504 -This is an overview of Section 504. This law can have positive effects on your child if he/she should need accommodations to succeed in school. For more information contact me by e-mail at this site, visit your public library, Call the office of Civil Rights, or your local advocacy office.
  • An Overview of ADA, IDEA, and Section 504- A civil rights law to prohibit discrimination on the basis of disability in programs and activities, public and private, that receive federal financial assistance.
  • What criteria are used to determine 504 eligibility? - Like other students, those students with a 504 eligible disability are entitled to a free appropriate public education. An appropriate education for a Section 504 disabled student may require the provision of specific accommodations and related services in order to meet the needs of the student. Section 504 focuses on assuring access to educational services and the learning process that is equal to that given students who do not have disabilities.
  • Situations when it is inappropriate to offer a Section 504 accommodation plan - Yes! Eligibility for 504 is always decided by evaluating and determining that all three criteria are present. The student must have a mental or physical impairment. That mental or physical impairment must be substantially limiting. The impairment must substantially limit one or more major life activities. If any of the three criteria is missing or if there is no impact on the student’s access to school programs or services because of the disability do not create a 504 Plan for the student.
  • Manifestation meeting when considering the expulsion or long term suspension of a student with a Section 504 plan - Those involved in a manifestation determination meeting need to be knowledgeable about the student and the meaning of the data being reviewed. When possible, it is a plus to convene those individuals who designed the student’s 504 Plan. When this is not possible, teachers, parents, health professionals, counselors, etc. can serve on the team that makes a manifestation determination provided they have knowledge of the student and the data being reviewed.
  • Manifestation determination for a student on a 504 Plan and what information is included in this process - Those involved in a manifestation determination meeting need to be knowledgeable about the student and the meaning of the data being reviewed. When possible, it is a plus to convene those individuals who designed the student’s 504 Plan. When this is not possible, teachers, parents, health professionals, counselors, etc. can serve on the team that makes a manifestation determination provided they have knowledge of the student and the data being reviewed.

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