What is Section 504 of the

Rehabilitation Act of 1973?

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. In matters pertaining to education, the lead agency is the U.S. Office for Civil Rights, 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. Educational agencies that receive U.S. Department of Education funds, either directly or indirectly, are considered recipients. Section 504 states:

No otherwise qualified handicapped individual . . . shall, solely by reason of his/her handicap, be excluded from the participation in, be denied, the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. (29 U.S.C. 794)

Section 504 guarantees an appropriate special education as well as accessibility to regular education programs. It requires 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. This definition differs from that found in the Individuals with Disabilities Education Act (IDEA), which defines specific disabling conditions. Because of this difference, some individuals who are not qualified for special education under IDEA may be qualified for special services under Section 504. In addition to students who are eligible under the definition of Section 504 but not under the definition of IDEA, there may also be students who have a disability according to both definitions but do 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. The bus rides of students with disabilities should not be much longer than those of nondisabled students.

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 disabilties. If teachers of students without disabiilties receive clerical support, teachers of students with disabilities must also receive clerical support.

The Office for Civil Rights, U.S. Department of Education, is the enforcing agency for Section 504. OCR conducts compliance reviews and investigates complaints. Section 504 includes administrative complaint procedures, which can help to avoid costly court actions. Federal funds for an agency that is not in compliance with Section 504 may be terminated.

Section 504 of the Rehabilitation Act-FAQ(March 1998)

The ERIC Clearinghouse on Disabilities and Gifted Education (ERIC EC)
The Council for Exceptional Children
1920 Association Drive
Reston, VA 20191