Section 504 of the Rehabilitation Act: Ensuring Educational Equity for Students with Disabilities

Section 504 of the Rehabilitation Act of 1973 is a cornerstone of disability rights legislation in the United States. It plays an important role in guaranteeing equal access to education for primary and secondary school students with disabilities. This article delves into the history, key provisions, and educational requirements of Section 504, elucidating its significance in promoting inclusivity and equity in educational settings.

Section 504: An Overview

Section 504 of the Rehabilitation Act of 1973 states: “No otherwise qualified individual with a disability in the United States, as defined in section 705 (20) of this title, 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 activity receiving Federal financial assistance or under any program or activity conducted by an Executive agency or by the United States Postal Service.”

This pivotal legislation prohibits discrimination against individuals with disabilities in programs or activities that receive federal funding. According to the Department of Justice’s Civil Rights Division, each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations.

Legislative History

As a consequence of the Civil Rights movement, Congress passed several pieces of legislation to prohibit various forms of discrimination. These laws, including the Civil Rights Act of 1964, the Fair Housing Act of 1968, and Title IX of the Education Amendments Act, created precedent for the idea that other identities, such as disability, could and should be legally protected from discrimination. In 1972, Senator Hubert Humphrey (who had served as vice president from 1965 to 1969) proposed to amend the Civil Rights Act to include disability status. However, Humphrey’s effort failed because many legislators did not want to “dilute” the Civil Rights Act by expanding it to include other forms of discrimination, while others feared that amending the law could open the door to future amendments which would reduce its effectiveness.

Instead, Humphrey’s proposal was added to a bill called the Rehabilitation Act. The primary focus of this bill was to expand upon legislation from 1920 which established vocational rehabilitation services for veterans who had been wounded and disabled in World War I. Nixon vetoed the law twice - first in October 1972 and again in March 1973 - because he opposed federal funds being spent on independent living centers for people with disabilities.

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A third iteration of the Rehabilitation Act was introduced in May 1973 by Congressman John Brademas. This version of the law removed funding for independent living center. It was passed by the House of Representatives with 384 voting in favor and 13 voting against, and soon after was approved by the Senate as well. President Richard Nixon signed the Rehabilitation Act into law on September 26, 1973. Section 504 of the law was hardly noticed during the drafting and debate over the Rehabilitation Act, but it would become the most impactful part of the law by far. In fact, it is not known who wrote Section 504 or who was responsible for adding it to the Rehabilitation Act; this historic contribution is usually attributed to an unknown congressional staff member.

Section 504 Sit-Ins

The Office of Civil Rights in the Department of Health, Education, and Welfare (HEW; later divided into the Department of Health and Human Services and the Department of Education) soon began developing regulations to make Section 504 enforceable. However, the turmoil of Watergate and Nixon’s resignation caused delays in implementation. President Gerald Ford’s new HEW Secretary, F. David Mathews, ultimately did not sign any of the regulations drafted by his department during his tenure. After Jimmy Carter was elected, his HEW Secretary, Joseph Califano, also hesitated to issue regulations, instead deciding to “review and revise” the proposals previously developed by the Office of Civil Rights.

After more than three years of waiting, many disability rights activists would not accept further delays. The American Coalition of Citizens with Disabilities, founded by a blind woman named Eunice Fiorito and a deaf man named Frank Bowe, began organizing protests at HEW offices in February 1977. They sent a letter to Carter and Califano saying that if Section 504 regulations were not issued by April 4, ACCD would hold a sit-in at every HEW building across the country. Califano met with ACCD on April 4, and although he “endorsed” their demonstration, he did not accept their demands.

The next day, sit-ins commenced. The longest-lasting and most famous Section 504 sit-in took place at the HEW office in San Francisco. This protest began with a large rally on April 5, after which a smaller number of demonstrators entered the federal building. This group encompassed a broad range of disabilities and represented a cross-section of the disability community, including people of various ages, races, and socioeconomic backgrounds. The protest was supported by many other activist organizations; for example, the Black Panther Party provided meals for the demonstrators, and sympathetic local politicians gave them mattresses. On April 28, after a twenty-three day protest, Califano agreed to sign the regulations written by the Office of Civil Rights with no modifications. As a result, Section 504 was finally enforceable and people with disabilities could be covered by its protections.

Later History of Section 504

That year, in Southeastern Community College v. Davis, the court decided that a nursing program could turn away a student with hearing loss, since she would not be able to lip read in contexts where surgical masks were required, and having to hire an American Sign Language interpreter would impose an “undue burden” on the college. In 1984, the Supreme Court ruled in Grove City College v. Bell that even if a private college received federal funds, only programs which directly received the funds, and not the college as a whole, had to comply with Title IX. Bradford Reynolds, Assistant Attorney General for Civil Rights under President Ronald Reagan, said that the Grove ruling would be applied to other regulations, including Section 504. These rulings significantly weakened Section 504’s protections for students at postsecondary institutions, especially private institutions.

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The obstacles faced by Section 504 led to a growing sense among disability rights activists and lawmakers that further legislation was needed to prevent discrimination against people with disabilities. The disability community played an important role in securing the passage of the Civil Rights Restoration Act of 1988, which overturned the Grove ruling. That year, Congress held hearings on the need for a more comprehensive law to prevent discrimination based on disability. Ultimately, Section 504 created the foundation for the Americans with Disabilities Act of 1990 (ADA), which requires all employers to provide reasonable accommodations to employees with disabilities.

Key Education Requirements Under Section 504

Section 504 has played an important role in guaranteeing equal access to education for primary and secondary school students with disabilities. Public schools, as well as private schools that receive funding from the federal government, are not permitted to exclude or discriminate against students on the basis of disability. In order to qualify for Section 504 protections, a student must “have a physical or mental impairment that substantially limits one or more major life activities.” Students who qualify under Section 504 are entitled to a “Free Appropriate Public Education” (FAPE). According to the Department of Education, an educational program is “appropriate” if it is “designed to meet the individual education needs of students with disabilities as adequately as the needs of nondisabled students are met.” This is often achieved through an Individualized Education Program (IEP) or a “504 Plan”.

Defining Disability Under Section 504

Under Section 504, a student is considered disabled if they:

Have a mental or physical impairment that substantially limits one or more major life activities.
Have a record of such an impairment.
Are regarded as having such an impairment.

Major life activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Major bodily functions may also be considered major life activities and may include functions of the immune system.

It’s important to note that a medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity.

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Free Appropriate Public Education (FAPE)

Section 504 mandates that students with disabilities are entitled to a Free Appropriate Public Education (FAPE). This means that educational and related services are provided without cost to the handicapped person or to his or her parents or guardian, except for those fees that are imposed on non-handicapped persons or their parents or guardian.

An appropriate education is one that is designed to meet the individual education needs of students with disabilities as adequately as the needs of non-disabled students are met. This may include:

Regular or special education and related aids and services that (i) are designed to meet individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met and (ii) are based upon adherence to procedures that satisfy the requirements of Secs. 104.34, 104.35, and 104.36.
The provision of educational and related services without cost to the handicapped person or to his or her parents or guardian, except for those fees that are imposed on non-handicapped persons or their parents or guardian.

504 Plans: Accommodations and Services

To ensure FAPE, schools develop 504 plans that outline the specific accommodations, services, and supports a student needs to access their education. Accommodations are changes or additions to the learning environment that help students with disabilities access school programs and requirements. These plans are developed by a team that includes individuals knowledgeable about the student, the meaning of the evaluation data, and the placement options.

There are no specific rules for what a 504 plan should include. However, a 504 plan typically includes:

Information about the student’s disability and how it impacts their learning.
Specific accommodations, services, and supports to be provided.
Goals for the student’s progress.
Evaluation procedures.

Examples of accommodations that may be included in a 504 plan include:

Preferential seating
Extended time on tests and assignments
Reduced distractions
Use of assistive technology
Modified assignments

Evaluation and Placement Procedures

Section 504 outlines specific procedures for evaluating and placing students with disabilities. These procedures include:

Preplacement evaluation: Before placing a student in a special education program, the school must conduct an evaluation to determine if the student has a disability.
Evaluation procedures: The evaluation must draw from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior.
Placement procedures: The placement decision must be made by a team of people who are knowledgeable about the student, the meaning of the evaluation data, and the placement options.
Reevaluation: Students who have been provided special education and related services must be reevaluated periodically.

The Section 504 regulatory provision at 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons.

Procedural Safeguards

Section 504 also includes procedural safeguards to protect the rights of students with disabilities and their parents. These safeguards include:

Notice: Parents must be notified of any actions regarding the identification, evaluation, or educational placement of their child.
Opportunity to examine records: Parents have the right to examine relevant records.
Impartial hearing: Parents have the right to an impartial hearing with opportunity for participation by the person's parents or guardian and representation by counsel.
Review procedure: Parents have the right to a review procedure.

Athletics

The Office for Civil Rights (OCR) has stated that districts must also ensure that students with disabilities have an equal opportunity to participate in athletic programs. must offer it unless doing so would fundamentally alter the nature of the activity or give the student with a disability an unfair advantage.

Section 504 in Postsecondary Education

Section 504 requirements are much less stringent for postsecondary institutions compared to elementary and secondary schools. Colleges and universities that receive federal funds are “required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program,” but they are not required “to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden”. Moreover, while elementary and secondary schools are responsible for identifying students who may need Section 504 accommodations, at the postsecondary level students must do so themselves.

IEP vs. 504 Plan: Understanding the Difference

While both Individualized Education Programs (IEPs) and 504 plans aim to support students with disabilities, they operate under different legal frameworks and serve distinct purposes. An IEP is developed following the requirements of the regulations of IDEA. instruction (specially designed instruction), supports, and services a student needs to make progress and thrive in school. learning as their peers. If a student requires modifications of the curriculum in order to access the general education curriculum, that student would likely qualify for an IEP. instruction, repetition of directions, quiet space to take a test, then that student might qualify for a 504 Plan. an IEP or a 504 Plan.

Here's a table summarizing the key differences:

Feature	IEP	504 Plan
Legal Basis	Individuals with Disabilities Education Act (IDEA)	Section 504 of the Rehabilitation Act
Eligibility	Students with specific disabilities who require specialized instruction and related services to benefit from education.	Students with a physical or mental impairment that substantially limits one or more major life activities.
Focus	Providing specially designed instruction and related services to address the student's unique needs and enable them to make progress in the general education curriculum.	Providing accommodations and modifications to ensure the student has equal access to the general education curriculum and school programs.
Plan Requirements	Requires a comprehensive written plan with specific goals, objectives, and services.	Does not have specific requirements for the content of the plan, but it should outline the accommodations and services to be provided.
Evaluation	Requires a comprehensive evaluation to determine eligibility and identify the student's needs.	Requires an evaluation, but it may be less extensive than an IEP evaluation.
Parent Involvement	Emphasizes parent involvement in all stages of the IEP process.	Requires parent involvement, but it may be less extensive than with an IEP.
Curriculum	May involve modifications to the curriculum to meet the student's needs.	Focuses on providing accommodations to allow the student to access the existing curriculum.

How Parents Can Advocate for Their Child Under Section 504

Parents play a crucial role in ensuring their child receives the appropriate support under Section 504. Here are some steps parents can take:

Write a formal letter: Write a formal letter to your child’s school that includes information about your child’s disability and how it impacts their learning.
Request an evaluation: Request accommodations, services or support, and a request for an evaluation for your child to determine if they qualify for services and support under Section 504.
Participate in the 504 plan development: Collaborate with the school team to develop a 504 plan that addresses your child's specific needs.
Request an impartial hearing: If you disagree with the school's decisions, request an impartial hearing in writing, directed to the school district’s Section 504 Coordinator, or the person designated in that district to coordinate the districts compliance with its responsibilities under Section 504.
Be prepared to discuss: Be prepared to discuss why your child might need an IEP due to modifications of curriculum, the delivery of instruction or a smaller setting may all be reasons why a student may need an IEP.

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