In the realm of civil rights and disability advocacy, Section 504 of the Rehabilitation Act of 1973 stands as a cornerstone. This federal law prohibits discrimination based on disability in programs and activities that receive federal financial assistance.
Despite its critical importance, Section 504 often remains overshadowed by other legislation, such as the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). This comprehensive guide aims to shed light on Section 504, exploring its implications, protections, and the vital role it plays in promoting equality and accessibility.
What Is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a national law designed to protect qualified individuals from discrimination based on their disability. The law mandates that employers and organizations receiving federal financial assistance, including those from the U.S. Department of Health and Human Services (DHHS), provide equal opportunities to individuals with disabilities.
This includes many hospitals, nursing homes, mental health centers, schools, and human service programs. Section 504 explicitly forbids these entities from excluding or denying individuals with disabilities access to program benefits and services.
Who Is Protected?
Section 504 safeguards qualified individuals with disabilities. According to the law, a person with a disability is defined as someone with a physical or mental impairment that substantially limits one or more major life activities. These activities include, but are not limited to, self-care, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. People with a history of such impairments or who are perceived as having such impairments are also protected.
Examples of disabilities that may substantially limit major life activities include AIDS, alcoholism, blindness or visual impairment, cancer, deafness or hearing impairment, diabetes, drug addiction, heart disease, and mental illness.
To qualify for services, education, or training, individuals with disabilities must meet normal and essential eligibility requirements. In employment, they must be able to perform the essential functions of the job, with reasonable accommodation if necessary.
Reasonable accommodation refers to modifications or adjustments to a job or work environment that enable a person with a disability to perform essential job functions. Employers are required to provide these accommodations unless doing so would cause undue hardship. Examples of reasonable accommodations might include installing ramps, assistive technology, modifying work schedules, or providing specialized equipment.
Prohibited Discriminatory Acts in Health Care and Human Services Settings
Section 504's prohibitions against discrimination extend to service availability, accessibility, delivery, employment, and the administrative activities of organizations receiving federal financial assistance. Some specific discriminatory acts forbidden under Section 504 include:
- Denying Participation: Organizations cannot deny qualified individuals the opportunity to participate in or benefit from federally funded programs, services, or other benefits.
- Physical Barriers: Denial of access to programs, services, or benefits due to physical barriers is prohibited.
- Employment Discrimination: Qualified individuals cannot be denied employment opportunities, including hiring, promotion, training, and fringe benefits.
These prohibitions, among others, are detailed in the DHHS Section 504 regulation at 45 CFR Part 84.
Section 504 in Education
One of the primary responsibilities of the Office for Civil Rights (OCR) is to eliminate discrimination against students with disabilities. The OCR receives numerous complaints and inquiries concerning the application of Section 504 in elementary and secondary education. These often involve identifying students protected by Section 504 and ensuring they receive appropriate educational services.
Free Appropriate Public Education (FAPE)
Under Section 504, school districts must provide a free appropriate public education (FAPE) to each qualified student with a disability within their jurisdiction. FAPE consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of nondisabled students.
Interrelationship of IDEA and Section 504
Jurisdiction of OCR and OSERS
The Office for Civil Rights (OCR), a component of the U.S. Department of Education, enforces Section 504, which prohibits discrimination against individuals with disabilities. OCR also enforces Title II of the Americans with Disabilities Act of 1990, extending the prohibition against discrimination to state and local government services, programs, and activities, including public schools.
The Office of Special Education and Rehabilitative Services (OSERS) administers the Individuals with Disabilities Education Act (IDEA), funding special education programs. While IDEA is a grant statute with specific conditions attached to the receipt of federal funds, Section 504 and the ADA are antidiscrimination laws and do not provide funding.
OCR's Role in Disability Issues
OCR receives complaints, conducts compliance reviews, and provides technical assistance related to disability discrimination in educational settings. Information and guidance about Section 504 can be found on the OCR’s website, which serves as a valuable resource for school districts, parents, and students.
Students Protected Under Section 504
Eligibility Criteria
To be protected under Section 504, a student must have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or be regarded as having such an impairment. The term "substantially limits" is determined on a case-by-case basis, considering the nature, severity, and duration of the impairment.
Educational Services
Section 504 requires educational institutions to provide appropriate educational services designed to meet the individual needs of students with disabilities. These services can include education in regular classrooms, supplementary services, or special education and related services.
Evaluation and Placement
School districts must use appropriate evaluation procedures to ensure children are not misclassified or incorrectly placed. Evaluations must be conducted before classifying a student as having a disability or providing special education. The evaluation process must draw from a variety of sources to minimize the possibility of error and must consider the student’s aptitude, achievement, and physical condition.
Parental Consent
Recipient school districts must obtain parental consent before conducting an initial evaluation. If parents refuse consent and the district suspects a disability, it may use due process hearing procedures to seek to override the denial.
Due Process and Rights
Section 504 requires school districts to establish procedural safeguards, including notice to parents, an opportunity to review relevant records, an impartial hearing, and representation by counsel. These safeguards ensure that the rights of students with disabilities are protected.
Section 504 of the Rehabilitation Act of 1973 is a powerful tool for protecting the rights of individuals with disabilities, ensuring they receive equal access to education, health care, and employment opportunities. By understanding and utilizing the protections afforded by Section 504, individuals with disabilities, their families, and advocates can help promote a more inclusive and equitable society.
