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The Law and Special Education

Fifth Edition

Chapter 5

Section 504 of the Rehabilitation Act

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Learning Objectives

5.1 Describe the origins of Section 504.

5.2 Describe the purpose of Section 504.

5.3 Describe the structure of Section 504.

5.4 Describe eligibility of persons with disabilities under Section 504.

5.5 Describe the effect of the Americans with Disabilities Act Amendments of 2008 on Section 504.

5.6 Describe school district responsibilities under Section 504.

5.7 Describe the U.S. Supreme Court decision in Fry versus Napoleon Community School District.

Introduction

[Section 504] is the civil rights declaration of the handicapped. It was greeted with great hope and satisfaction by Americans who have had the distress of physical or mental handicaps compounded by thoughtless or callous discrimination. These Americans have identified [Section] 504 with access to vital public services, such as education . . . they consider it their charter . . . it is a key to, and a symbol of, their entry as full participants in the mainstream of national life.

-Senator Hubert H. Humphrey, Principal Senate Author of Section 504

Section 504

No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or any activity receiving Federal financial assistance.

(Section 504, 29 U.S.C. § 794[a])

What is Section 504? (1 of 2)

Section 504 is a brief, but powerful nondiscrimination law included in the Rehabilitation Act of 1973

Section 504 extends to individuals with disabilities the same kinds of protections Congress extended to people discriminated against because of race and sex

What is Section 504? (2 of 2)

A civil rights mandate

Section 504 prohibits discrimination

The responsibility not to discriminate applies to all school personnel

Special educators do Not have primary responsibility for Section 504

Primary responsibility falls on district-and school-level administrative leaders and regular education

The History of Section 504

Passage in 1973

Regulations

Cherry versus Matthews, 1976

Demonstrations

Who Is Protected by Section 504? (1 of 2)

Any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment.

Who Is Protected by Section 504? (2 of 2)

What Does Section 504 Require? (1 of 2)

That public schools do not discriminate against individuals with disabilities

This includes students, parents, teachers, and school staff

Discrimination refers to unequal treatment of qualified persons solely on the basis of their disability

The law protects students with disabilities from lack of equal opportunities to benefit from educational programs and facilities

Ways in Which Schools Discriminate

By failing to provide physical access to programs or facilities

By imposing double standards for eligibility for extracurricular activities

By failing to design regular classroom programs to meet a disabled student’s individual needs as adequately as the needs of a nondisabled student are met

The Major Principles of Section 504 (1 of 2)

Physical and program accessibility

All educational programs must be accessible to those who need them

Not every room or program in a school building must be accessible to all students if the building or program as a whole is accessible

Reasonable accommodations

Reasonable accommodations regulations apply to employment and they have no regulation have been written regarding schools

Nonetheless, this standard requires school officials to examine the individual needs of students with disabilities and make a professional judgment about what can and cannot be done to accommodate their needs

The Major Principles of Section 504 (2 of 2)

Comparable facilities

If a school operates a separate facility for students with disabilities, this facility must be comparable to the district’s other facilities

Comparable in terms of space, location, instructional appropriateness, accessibility, size, lighting, ventilation, temperature

What Does Section 504 Require? (2 of 2)

Free Appropriate Public Education (F A P E)

Each student with a disability under Section 504 must be provided with regular or special education and related aids and services designed to meet his or her individual educational needs as adequately as the needs of nondisabled students are met

Section 504 plan

School District Responsibilities (1 of 2)

Administrative responsibilities

Appoint a Section 504 coordinator

Notify the public

Train faculty and staff in their responsibilities under Section 504

Conduct a self-evaluation

Establish grievance procedures

School District Responsibilities (2 of 2)

Educational obligations

Child find

Identification and evaluation

Educational programming

Placement

Reevaluation

Enforcement of Section 504

Filing a grievance

Filing a complaint with the Office of Civil Rights

Predetermination settlement process

On-site investigation

Filing for a due process hearing

Filing a suit in federal district court

Fry versus Napoleon Community Schools (2017)

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