ERIC EC by
Hoagies' Gifted
Education Page

 

ERIC Clearinghouse on Disabilities and Gifted Education
Click Shop Hoagies' and our affiliate links before you shop...  Thanks!

Loading

ParentsEducatorsKids Fun!What's New?Gifted 101CommunityConferencesShop Hoagies!PC SecurityAbout


Hoagies' Page



Support Hoagies' Page!


BarnesandNoble.com

Click on Shop Hoagies' Page before you visit your favorite on-line stores including Amazon, Highlights, Chinaberry, Prufrock Press, MindWare and many more, year-round and at the holidays.  Thanks for your support!

Donations
Your donations also help keep Hoagies' Gifted Education Page on-line.


Section 504 of the Rehabilitation Act (updated July 2003)

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 disabilities. If teachers of students without disabilities 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.

Following are selected citations from the ERIC database and the search terms we used to find the citations.


You can search the ERIC database yourself on the Internet through either of the following web sites:

ERIC Citations

The full text of citations beginning with an ED number (for example, EDxxxxxx) is available:

  • In microfiche collections worldwide; to find your nearest ERIC Resource Collection, point your web browser to: http://ericae.net/derc.htm.
  • For a fee through the ERIC Document Reproduction Service (EDRS): http://edrs.com, service@edrs.com, or 1.800.443.ERIC. (no longer available)

The full text of citations beginning with an EJ number (for example, EJxxxxxx) is available for a fee from:

ERIC Search Terms Used

Rehabilitation Act 1973 (Section 504)

ED453622 EC308749
Who's Eligible for Section 504? A Quick-Reference Guide for Proper Placement.
Caruso, Brian, Ed. LRP Publications, 747 Dresher Rd. Suite 500, Horsham, PA 19044-0980, 800-341-7874 Web site: http://www.lrp.com . 2001 15p.
EDRS Price: Document Not Available from EDRS.
Language: English
Document Type: NON-CLASSROOM MATERIAL (055)
Journal Announcement: RIEMAY2002
This booklet is designed to provide educators with information on how schools can interpret requirements of Section 504 of the Rehabilitation Act of 1973 and understand what their obligations are in areas such as eligibility for students with attention deficit/hyperactivity disorder, the child find requirements, temporary physical disabilities, and how to avoid over identifying students for services. Chapter 1 describes the process for determining Section 504 eligibility, definitions for "physical or mental impairment" and "major life activities," and warning signs for evaluation. The following chapter provides eligibility examples and discusses how to determine if an impairment substantially limits one or more major life activities. Chapter 3 focuses on the differences between the legal requirements of Section 504 and the Individuals with Disabilities Education Act and requirements for a Section 504 hearing. Chapters 4 and 5 address the eligibility under Section 504 of students with attention deficit/hyperactivity disorder and Section 504 child find requirements. Chapter 6 discusses the obligation of school districts to recognize all of the student's needs. Chapters 7 and 8 describe the eligibility of students with physical impairments and temporary disabilities under Section 504. The final chapter summarizes findings in relevant legal cases.
Descriptors: *Court Litigation; *Disabilities; *Eligibility; *Federal Legislation; *School Responsibility; Attention Deficit Disorders; Compliance (Legal); Educational Legislation; Elementary Secondary Education; Federal Regulation; Injuries; Physical Disabilities; Student Rights
Identifiers: *Academic Accommodation Plans; *Rehabilitation Act 1973 (Section 504)

ED436899 EC307572
Section 504 and the ADA Promoting Student Access: A Resource Guide for Educators. Second Edition. Council of Administrators of Special Education, 615 16th St., NW, Albuquerque, NM 87104. 1999 43p.
EDRS Price MF01/PC02 Plus Postage.
ISBN: 0-86586-343-1
Language: English
Document Type: NON-CLASSROOM MATERIAL (055)
Geographic Source: U.S.; New Mexico
Journal Announcement: RIEJUN2000
Designed for educators, this guide provides an overview of Section 504 of the Rehabilitation Act of 1973, compares and contrasts Section 504 with the requirements of the federal special education statute of the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act, and discusses how powerful Section 504 is as a civil rights law protecting the rights of students with disabilities. The guide begins by discussing eligibility for Section 504 protections, the evaluation process, services, and parental notices. A flow chart comparing Section 504 with IDEA is provided, along with a chart comparing the major provisions of IDEA, Section 504, and ADA. Answers to commonly asked questions about Section 504 are then provided that address eligibility, accommodations, services, and disciplinary requirements. Extensive appendices include explanations of 504 provisions relating to definitions and discrimination, a sample Section 504 policy statement, procedural safeguards under Section 504, a Section 504 checklist, parental rights under Section 504, classroom and facility accommodations, a sample procedures checklist, a sample referral for 504 assistance, a sample notice of conference, a sample form to determine 504 eligibility, a sample section 504 accommodation plan form, and the Office for Civil Rights regional locations.
Descriptors: *Academic Accommodations (Disabilities); *Disabilities; *Disability Discrimination; *Eligibility; *Federal Legislation; Civil Rights Legislation; Educational Legislation; Elementary Secondary Education; Equal Education; School Responsibility; Student Rights
Identifiers: Americans with Disabilities Act 1990; Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504)

ED446399 EC308087
Understanding the 504 Statute: The Role of State Title V Programs and Health Care Providers. Healthy & Ready To Work (HRTW) Policy Brief.
Schulzinger, Rhoda
Florida Univ., Gainesville. Inst. for Child Health Policy. For full text: http://cshcnleaders.ichp.edu/HRTW-Materials/UnderstandingThe504Statute.pdf 2000 34p
EDRS Price MF01/PC02 Plus Postage.
ISBN: 0-9700909-1-9
Language: English
Geographic Source: U.S.; Florida
Document Type: PROJECT DESCRIPTIONS (141)
Journal Announcement: RIEAPR20012000
This policy paper explains the educational rights available to certain students with disabilities and chronic conditions under Section 504 of the Rehabilitation Act of 1973. It describes the federal law and regulations, eligibility criteria, complaint procedures available to enforce the law, and ways that state Title V agencies can collaborate with school personnel. Section 1 introduces the statute and discusses its relationship to the Individuals with Disabilities Education Act as well as responsibilities of educational institutions. The next section focuses on identification of eligible students, including the referral process, obtaining reasonable accommodations and services, the distinction between "health" and "medical" services, and composition of the Section 504 team. The next section addresses application of Section 504 to transition issues, enforcing Section 504, filing individual complaints with the Office for Civil Rights, and resolving complaints. The final section addresses collaboration and considers Title V referrals, expertise for school personnel, providing or contracting for direct health care services, providing care coordination, and building an infrastructure for children with special health care needs.
Descriptors: *Disabilities; *Education Work Relationship; *Eligibility; *Federal Legislation; *Student Rights; Agency Cooperation; Civil Rights Legislation; Compliance (Legal); Federal State Relationship; Health Services; Medical Services; Referral; Rehabilitation; Transitional Programs
Identifiers: Individuals with Disabilities Education Act; *Rehabilitation Act 1973 (Section 504); *Social Security Act Title V

ED453622 EC308430
Section 504 of the Rehabilitation Act of 1974, AIMS and Stanford 9.
Arizona Department of Education, Academic Standards and Accountability Division, 1535 W. Jefferson St., Phoenix, AZ 85007. 2000 8 p.
EDRS Price MF01/PC01 Plus Postage.
Language: English
Document Type: NON-CLASSROOM MATERIAL (055)
Journal Announcement: RIENOV2001
Presented in a question-and-answer format, this paper discusses educational requirements under Section 504 of the Rehabilitation Act of 1973. It addresses: (1) eligibility for a 504 accommodation plan; (2) what is meant by reasonable accommodation; (3) what is meant by the "substantially limit a major life activity" standard; (4) the "major life activity" provision; (5) differences between special education and Section 504; (6) the eligibility of some students for Section 504 accommodations and special education services; (7) the ineligibility of some students who are receiving Section 504 services for special education services; (8) out-of-level testing; (9) limited English proficient students; (10) what is meant by the law's requirement that a student must be regarded by others as having an impairment for 504 accommodations; and (11) documentation of a disability. The paper closes with a list of examples of adaptations that are allowed for Section 504 accommodation plans and those that are not allowed. Descriptors: *Academic Accommodations (Disabilities); *Classroom Environment; *Classroom Techniques; *Disabilities; *Educational Legislation; *Federal Legislation; Compliance (Legal); Elementary Secondary Education; School Responsibility
Identifiers: *Rehabilitation Act 1973 (Section 504)

ED432114 EC307320
Free Appropriate Public Education for Students with Disabilities: Requirements under Section 504 of the Rehabilitation Act of 1973. Office for Civil Rights (ED), Washington, DC. 1999 18p.
EDRS Price MF01/PC01 Plus Postage.
Language: English
Document Type: NON-CLASSROOM MATERIAL (055)
Geographic Source: U.S.; District of Columbia
Journal Announcement: RIEDEC1999
This pamphlet outlines requirements for a free, appropriate, public education (FAPE) for students with disabilities under Section 540 of the Rehabilitation Act of 1973. Requirements include: (1) ensuring that all school age children who have disabilities are entitled to FAPE; (2) providing an appropriate education that includes educational services designed to meet the individual educational needs of students with disabilities as adequately as the needs of typical students; (3) ensuring the education of each student with a disability with typical students to the maximum extent appropriate to the needs of the student with a disability; (4) employing nondiscriminatory evaluation and placement procedures and establishing due process procedures that enable parents and guardians to receive required notices, review their child's records and challenge identification, evaluation, and placement decisions; and (5) providing a free education without cost to the person with a disability, except for fees equally imposed on typical students. The pamphlet also discusses the differences and similarities of FAPE provisions under the Individuals with Disabilities Education Act.
Descriptors: *Civil Rights Legislation; *Disabilities; *Educational Legislation; *Student Evaluation; *Student Placement; *Student Rights; Disability Discrimination; Elementary Secondary Education; Parent Rights
Identifiers: *Rehabilitation Act 1973 (Section 504)

ED449597 EC308203
ADHD and School Law.
Gregg, Soleil
Appalachia Educational Lab., P.O. Box 1348, Charleston, WV 25325-1348; Tel: 304-347-0400 (Voice); Tel: 800-624-9120 (Toll Free); Fax: 304-347-0487; E-mail: aelinfo@ael.org. For full text: http://www.ael.org/rel/policy/polbrief. 2000 34p.
EDRS Price MF01/PC02 Plus Postage.
Language: English
Document Type: NON-CLASSROOM MATERIAL (055); INFORMATION ANALYSES (070)
Geographic Source: U.S.; West Virginia
Journal Announcement: RIEJUL2001
A review of the research and legal literature summarizes the status of attention deficit hyperactivity disorder (ADHD) under school law. Following a brief introduction, discussion of ADHD as a disability notes the impact of ADHD on overall functioning and provides a table of diagnostic criteria for subtypes of ADHD. The following section focuses on three relevant federal statutes: Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Individuals with Disabilities Education Act, Part B. The major portion of the paper discusses ten responsibilities of the states in implementing eligibility requirements for ADHD. These are: (1) locate, identify, and evaluate children disabled by ADHD; (2) make available a free appropriate public education; (3) develop and implement an appropriate individualized education program; (4) involve parents in decision making; (5) educate children in the least restrictive environment; (6) follow procedural safeguards; (7) ensure that professional personnel meet qualification standards; (8) include children with ADHD in state performance goals; (9) appropriately include disabled children in assessments; and (10) monitor suspension and expulsion rates. Descriptors: *Attention Deficit Disorders; *Civil Rights Legislation; *Educational Legislation; *Eligibility; *Hyperactivity; Clinical Diagnosis; Compliance (Legal); Elementary Secondary Education; Federal Legislation; Federal State Relationship; Government Role; Government School Relationship; State Government
Identifiers: Americans with Disabilities Act 1990; *Individuals with Disabilities Education Act Part B; Rehabilitation Act 1973 (Section 504)

ED436894 EC307567
Grading, Awarding Credit, and Graduation for Students with Disabilities. Issues in Education. Technical Assistance Bulletin.
Division of Special Education, Missouri Dept. of Elementary and Secondary Education, P.O. Box 480, Jefferson City, MO 65102. Tel: 573-751-0699; Fax: 573-526-4404 1999 6p.
EDRS Price MF01/PC01 Plus Postage.
Language: English
Document Type: NON-CLASSROOM MATERIAL (055)
Geographic Source: U.S.; Missouri
Journal Announcement: RIEJUN2000
This bulletin provides information to Missouri school districts on grading, credits, and graduation for students with disabilities. It reviews the difference between the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973, and discusses discrimination toward students with disabilities and its prohibition in Section 504. State guidelines are then provided, including: (1) any specific graduation requirements may be waived for a student with a disability if recommended by the Individualized Education Program (IEP) committee; (2) students with disabilities receive grades and have credit transcribed in the same manner as all other students when they complete the same courses as other students; (3) students with disabilities who complete modified regular courses will receive grades and have credit transcribed in the same manner as other students; however, the fact that the courses were modified may be noted on the transcripts; (4) students with disabilities who meet state and local graduation requirements by taking and passing regular courses with/without modification, and/or successfully achieving IEP goals shall graduate and receive regular high school diplomas; and (5) students with disabilities who reach age 21 and have met district attendance requirements will receive a certificate of attendance.
Descriptors: *Academic Accommodations (Disabilities); *Credits; *Disabilities; Grading; *Graduation Requirements; Degree Requirements; Educational Discrimination; Educational Legislation; Federal Legislation; Secondary Education; State Regulation
Identifiers: Individuals with Disabilities Education Act; Missouri; Rehabilitation Act 1973 (Section 504)

ED430329 EC307176
Section 504 in the Classroom: How To Design and Implement Accommodation Plans.
Miller, Lynda; Newbill, Chris
PRO-ED, Inc., 8700 Shoal Creek Boulevard, Austin, TX 78757-6897; Order Number 8645. 1998. 116p. PRO-ED, Inc., 8700 Shoal Creek Boulevard, Austin, TX 78757-6897; Order Number 8645.
Document Not Available from EDRS.
ISBN: 0-89079-748-X
Language English
Document Type: BOOKS (010); NON-CLASSROOM MATERIAL (055)
Geographic Source: U.S.; Texas
Journal Announcement: RIEOCT1999
This book is a guide to provisions of Section 504 of the Rehabilitation Act of 1973 relevant to educational settings. Emphasis is on using Section 504 plans to design accommodations and modifications for students with disabilities that address individual strengths and needs. Chapters address the following topics: (1) an introduction to Section 504 including what disabilities are covered and how Section 504 is different from the Individuals with Disabilities Education Act; (2) the Section 504 process, including preparation for plan development, evaluation, plan implementation, and plan review/evaluation; (3) types of modifications and accommodations in a Section 504 plan, including the approach of the Council of Administrators of Special Education and examples from an attention deficit hyperactivity disorder program and a behavioral/learning approach, and modifications for some common situations; (4) policies and procedures for complying with Section 504, such as what to include in a Section 504 handbook; and (5) developing a Section 504 training program including factors to consider in planning a workshop and components of a 1-day Section 504 inservice. Appendices include sample forms for a policies and procedures handbook and sample handouts for a Section 504 workshop. A glossary is provided and sample blank forms are also available.
Descriptors: *Accessibility (for Disabled); *Compliance (Legal); *Disabilities; *Educational Policy; *Individualized Programs; Elementary Secondary Education; Federal Legislation; Individualized Instruction; Inservice Teacher Education; Postsecondary Education; Program Development; Program Implementation
Identifiers: *Rehabilitation Act 1973 (Section 504)

EJ647097 EC629951
Section 504: What Teachers Need To Know.
Smith, Tom E. C.
Intervention in School and Clinic; v37 n5 p259-66 May 2002
ISSN: 1053-4512
Language: English
Document Type: JOURNAL ARTICLES (080); PROJECT DESCRIPTIONS (141)
Journal Announcement: CIJOCT2002
This overview of the requirements of Section 504 of the Rehabilitation Act of 1973 offers guidelines for schools to ensure compliance. Sections address eligibility for Section 504 services and protections, individuals covered under Section 504, requirements of Section 504, services in public schools, and school requirements for Section 504. Attachments include an evaluation form and a sample accommodation plan. (Contains references.)
Descriptors: *Compliance (Legal); *Disabilities; *Federal Legislation; *Services; Civil Rights Legislation; Educational Legislation; Elementary Secondary Education; Eligibility; School Responsibility
Identifiers: *Academic Accommodation Plans

EJ510067 EC612062
Section 504 Accommodation Plans.
Conderman, Gregory; Katsiyannis, Antonis
Intervention in School and Clinic, v31 n1 p42-45 Sep 1995 ISSN: 1053-4512
Language: English
Document Type: JOURNAL ARTICLE (080); NON-CLASSROOM MATERIAL (055)
Journal Announcement: CIJJAN96
Target Audience: Practitioners; Policymakers
Information is presented on the types of accommodations or services appropriate for students qualifying under Section 504 of the Rehabilitation Act of 1973. Services include curricular, compensatory, policy-level, environmental, organizational, health, grading, and behavioral accommodations. A sample general education accommodation plan is included.
Descriptors: *Access to Education; *Classroom Techniques; Compliance (Legal); *Educational Legislation; *Educational Needs; Elementary Secondary Education; Federal Legislation; Legal Responsibility; *Special Needs Students; Student Needs; Student Rights
Identifiers: *Academic Accommodations; *Rehabilitation Act 1973 (Section 504)

EJ492851 EA529949
Individuals with Disabilities: The School Principal and Section 504. Katsiyannis, Antonis
NASSP Bulletin, v78 n565 p6-10 Nov 1994
ISSN: 0192-6365
Language: English
Document Type: EVALUATIVE REPORT (142); JOURNAL ARTICLE (080)
Journal Announcement: CIJMAR95
Given principals' responsibility to ensure that all their students are appropriately educated, they are obligated to provide adequate leadership for developing the knowledge base and competence to secure Section 504 compliance (and avoid unnecessary penalties). Section 504 applies to students with Attention Deficit Hyperactivity Disorder who do not qualify under IDEA to receive necessary services.
Descriptors: *Administrator Responsibility; *Attention Deficit Disorders; *Disabilities; Elementary Secondary Education; Hyperactivity; *Leadership Qualities; *Principals
Identifiers: Inclusive Educational Programs; *Individuals with Disabilities Education Act; *Rehabilitation Act 1973 (Section 504)

EJ491018 EC609548
Section 504 Policies and Procedures: An Established Necessity. Katsiyannis, Antonis; Conderman, Greg Remedial and Special Education, v15 n5 p311-18 Sep 1994 ISSN: 0741-9325
Language: English
Document Type: JOURNAL ARTICLE (080); RESEARCH REPORT (143)
Journal Announcement: CIJFEB95
Responses to a survey of state special education directors (n=51) revealed that fewer than half of the states have developed policies and/or guidelines on Section 504 of the Rehabilitation Act of 1973, which ensures specific educational rights for children with disabilities. Highlights of available policies are presented, focusing on compliance monitoring, handling complaints, and developing accommodation plans.
Descriptors: Civil Rights Legislation; *Compliance (Legal); *Disabilities; *Educational Legislation; *Educational Policy; Elementary Secondary Education; *Federal Legislation; National Surveys; *State Programs; Student Rights
Identifiers: *Rehabilitation Act 1973 (Section 504)

EJ505182 FL524700
Section 504 and the American with Disabilities Act: Accommodating the Learning Disabled Student in the Foreign Language Curriculum.
Moore, Francis X., III
ADFL Bulletin, v26 n2 p59-62 Win 1995
ISSN: 0148-7639
Language: English
Document Type: REVIEW LITERATURE (070); JOURNAL ARTICLE (080)
Journal Announcement: CIJOCT95
Discusses the effects of section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and various state laws on the foreign language requirements of Virginia college and university programs. Foreign language instructors and departments need to be aware of their responsibilities in accommodating learning-disabled students.
Descriptors: *College Students; Court Litigation; Higher Education; Institutional Role; *Learning Disabilities; Modern Language Curriculum; School Policy; Second Language Learning; *Second Language Programs; State Legislation
Identifiers: *Americans with Disabilities Act 1990; *Rehabilitation Act 1973 (Section 504); Virginia
 

Top of Page   Back to ERIC Menu   Back to Hoagies' Gifted Education Page


copyright 1998
ERIC Clearinghouse on Disabilities and Gifted Education
counter