Question

Have there been any updates to this Section 504 since 1973 or is it still valid as it stands?

Answer 1

Section 504 Statutory Provisions

Section 504 has been amended numerous times since its original enactment in 1973. The core requirement of the section is found in subsection (a). This subsection was amended by P.L. 95-602 which added the provisions regarding the regulations. Section 504(a) currently states the following:

(a) No otherwise qualified individual with a disability in the United States, as defined in section 705(20), shall, solely by reason of her or his 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 any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appropriate authorizing committees of Congress, and such regulations may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees.¹³

Subsection (b) of Section 504 defines the term "program or activity." This subsection was added by P.L. 100-259 in 1988 in response to the Supreme Court's narrow interpretation of the phrase "program or activity" in Title IX of the Education Amendments of 1972.¹⁴ The amendment clarified that discrimination is prohibited throughout the entire institution if any part of the institution receives federal financial assistance.¹⁵

Subsection (c) of Section 504 was also added by P.L. 100-259 in 1988. It contains an exception for small providers so they are not required to make significant structural alterations to their existing facilities to render them accessible if alternative means of providing the services are available. This subsection was added to clarify that P.L. 100-259 does not add new requirements for architectural modification.¹⁶

Subsection (d) of Section 504 requires that the standards used to determine whether there has been a violation of Section 504 regarding employment discrimination complaints are the same as those in the Americans with Disabilities Act. This subsection was added by P.L. 102-569 in 1992. P.L. 102-569 also substituted the term "disability" for the term "handicap."

Section 504 of the 1973 Rehabilitation Act was the first disability civil rights law to be enacted in the United States. It prohibits discrimination against people with disabilities in programs that receive federal financial assistance, and set the stage for enactment of the Americans with Disabilities Act.

• Section 504 of the Rehabilitation Act of 1973 is a civil rights law that bans disability discrimination.

• It’s also the law that provides 504 plans.

• Under Section 504, students with disabilities have the right to reasonable accommodations.

The Rehabilitation Act of 1973 was the country’s first civil rights law for people with disabilities. Section 504 is the part of that law that gives your child important rights in public and private schools. Read on to learn more.

The Purpose of Section 504

Section 504 has two main purposes. One is about removing barriers for students with disabilities in K–12 public schools. The other is about protecting kids and adults with disabilities from discrimination in school settings and beyond.

1. Provide FAPE for students with disabilities in K–12 public schools. FAPE stands for “free appropriate public education.” Under Section 504, “appropriate” means providing supports to give a child access to the same education their peers are getting.

Like the federal special education law IDEA, Section 504 requires schools to find and evaluate students who are believed to have disabilities. Schools must do so at no cost to parents.

If the school determines that a child is eligible under Section 504, it must provide appropriate services and supports. This happens through a 504 plan, again at no cost to parents.

The goal of 504 plans is to remove barriers to learning for students with disabilities. Schools must meet the needs of these students just as they meet the needs of students without disabilities.

Keep in mind that “appropriate” has a slightly different meaning under Section 504 than it does under IDEA, which also guarantees FAPE. Under IDEA, it means providing special education services through an IEP to meet a child’s unique needs. Learn about the differences between IEPs and 504 plans.

2. Prohibit discrimination against people with disabilities in “programs and activities” that get federal funding. “Programs and activities” refers to anything done by the federal government, from running national parks to collecting taxes. But it also covers many private organizations you might not think of.

For example, Section 504 applies to airports. It applies to housing funded with federal grants. And it applies to all K–12 public schools, and most private schools and colleges, so long as they receive federal funding (most do).

Section 504 also gives people the right to reasonable accommodations in these programs and activities. Accommodations are changes that give people equal access—for example, providing an audiobook version of a national park guide.

However, the law also says that people with disabilities don’t have a right to accommodations that would “fundamentally alter” an activity. Nor do they have the right to accommodations that create an “undue burden.” For example, adding an extra base in baseball might be a fundamental alteration to baseball. But many accommodations for people with learning and thinking differences, like using text-to-speech to help with reading, don’t fundamentally change an activity.