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Section 504 of the Rehabilitation Act of 1973, is American legislation that guarantees certain rights to people with disabilities. It was one of the first U.S. federal civil rights laws offering protection for people with disabilities. [1] It set precedents for subsequent legislation for people with disabilities, including the Virginians with Disabilities Act in 1985 and the Americans with Disabilities Act in 1990.
Section 504 of the Rehabilitation Act of 1973 states (in part):
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 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.
It is Pub. L. No. 93-112, 87 Stat. 394 (Sept. 26, 1973), codified at 29 U.S.C. § 701 et seq. [2]
As amended in 1974, Section 111, Pub L. 93-516, 88 Stat. 1619 (Dec. 7, 1974), Individuals with Disabilities are:
Any person who (a) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (b) has a record of such an impairment, or (c) is regarded as having such an impairment
where
Major life activities include caring for one's self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. [3]
However, "For purposes of employment", Qualified Individuals with Disabilities must also meet "normal and essential eligibility requirements", such that:
For purposes of employment, Qualified Individuals with Disabilities are persons who, with Reasonable Accommodation, can perform the essential functions of the job for which they have applied or have been hired to perform.
where
Reasonable Accommodation means an employer is required to take reasonable steps to accommodate [one's] disability unless it would cause the employer undue hardship. [3]
That is, Qualified Individuals with Disabilities must be able to perform the job duties associated with the job for which they would be hired. The United States Department of Labor also indicates that "Small Providers" do not have to make "significant structural alterations to their existing facilities" to accommodate individuals with disabilities. [4]
The ADA Americans with Disabilities Act of 1990 seems to pick up where the Rehabilitation Act left off. Borrowing from the §504 definition of disabled person, and using the familiar three-pronged approach to eligibility (has a physical or mental impairment, a record of an impairment, or is regarded as having an impairment), the ADA applied those standards to most private sector businesses, and sought to eliminate barriers to disabled access in buildings, transportation, and communication. To a large degree, the passage of the ADA supplants the employment provisions of §504, reinforces the accessibility requirements of §504 with more specific regulations". [5]
Section 504 covers "any program or activity receiving federal financial assistance." If an organization receives federal support of any kind, even if the organization is not a federal or state organization, the organization must comply with Section 504. For example, airports in the United States can be at least partially funded by grants from federal and state governments, thus must be compliant. In many communities, public libraries receive federal financial assistance, directly or indirectly, so they must comply as well. Airports and public libraries became accessible according to Section 504 stipulation within a few years of the implementation of Section 504.
The law also pertains to any "local educational agency (as defined in section 8801 of Title 20), system of vocational education, or other school system". [4] As applied to K–12 schools, "the language broadly prohibits the denial of public education participation, or enjoyment of the benefits offered by public school programs because of a child's disability." [5] Although the Individuals with Disabilities Education Act (IDEA) also applies to K-12 schools, the existence of IDEA does not mean the Rehabilitation Act is superfluous. IDEA only protects a subset of children and youth who have disabilities—those who satisfy its definition for "child with a disability". [6] The definition of disability under Section 504 is broader than that of the Individuals with Disabilities Education Act, so some children who do not meet the IDEA definition of disability are served under Section 504.
Section 504 requires school districts to provide Free Appropriate Public Education (FAPE) to children with disabilities, who may benefit from public education, within the individual district's jurisdiction. Regardless of the child's disability, the school district must identify the child's educational needs and provide any regular or special education to satisfy the child's educational needs just as well as it does for the children without disabilities. This may be accomplished by developing an education plan for the child. When done so under Section 504 of the Rehabilitation Act, it is referred to as a 504 plan. This 504 plan covers accommodations, services, and support the child will be receiving in order to have access to education at school. A 504 plan is different and less detailed than an Individualized Education Program (IEPs). [7]
Section 504 supports rights for students for needs outside of the school day, such as extracurricular activities, sports, and after-school care, because Section 504 prohibits discrimination on the basis of disability. While the process for accommodating students varies per institution, schools generally comply with Section 504 by identifying students with disabilities and evaluating those students. If the students are eligible, they create a written accommodation plan, often called a "504 Plan." It is similar to, but often shorter than, the IDEA Individualized Education Program (IEP). Parents, teachers, and school staff are a part of the process. Parents have due process rights; where they disagree with the determinations of the school, they have a right to an impartial hearing.
Violations of Section 504 in the educational environment can be addressed locally with the education agency or with the Office for Civil Rights (OCR) of the U.S. Department of Education. Violations of Section 504 can result in a loss of the federal funding. According to the Department [8] individuals may also file a private right of action for violations of Sec. 504. Thus, Section 504 is enforced by OCR. IDEA is carried out by another unit of the department, the Office of Special Education Programs (OSEP).
Section 504 covers extracurricular and after school programs such as sports, music lessons, and afterschool care. 34 C.F.R. § 104.37.
The Department of Education Office of Civil Rights has determined that Section 504 applies to:
The intention of Section 504 was to impact employment of people with disabilities, thus included education. [9] Section 504 was the first national civil rights legislation that provided equal access for students with disabilities to higher education institutions receiving federal financial assistance. [10] Both public and private colleges and universities supported by federal grants and funding programs must comply with Section 504. The common way higher education institutions are linked to federal funds is through the federal student aid programs. Initially, colleges, universities, and community colleges complied with the regulations imposed by Section 504 in the late-1970s and early to mid-1980s.[ citation needed ]
Higher education institutions are required to make their programs accessible to qualified students with disabilities. [11] Qualified students with disabilities are determined by the admissions criteria of the individual higher education institution. Students wishing to receive accommodations must initiate the process, which varies per higher education institution. This process largely subscribes to the medical model of disability, as many higher education institutions require medical documentation of diagnosis and functioning regarding the disability during the accommodation application process. [12] These colleges and universities are required to make reasonable accommodations for students with disabilities who attend their institutions. [13]
Although not in the text of the statute, courts have held that individuals have a private right of action under Section 504.[ citation needed ] While punitive damages are not available, compensatory damages are available to plaintiffs. [14] Arguably, these rights extend to include emotional distress damages.
In addition to its responsibility for enforcing other federal statutes prohibiting discrimination in housing, the US Department of Housing and Urban Development (HUD) has a statutory responsibility under Section 504 to ensure that individuals are not subjected to discrimination on the basis of disability by any program or activity receiving HUD assistance. Section 504 charges HUD's Office of Fair Housing and Equal Opportunity with enforcing the right of individuals to live in federally subsidized housing free from discrimination on the basis of disability. Further, Section 504 covers employment discrimination based on disability and requires HUD and HUD-assisted agencies to make reasonable accommodations for the known physical or mental limitations of an employee or qualified applicant. It covers all HUD programs except for its mortgage insurance and loan guarantee programs. [15]
Any housing that receives federal assistance, such as Section 8 public housing, is subject to Section 504 regulations and requirements. Any person with a disability who believes that have been discriminated against in a HUD-funded program or activity may file a complaint with HUD under Section 504. A complaint can be filed with HUD's Office of Fair Housing and Equal Opportunity. [16] If a person with disabilities feels subject to discrimination in a housing situation that does not receive federal assistance, they can also file a complaint, under the Americans with Disabilities Act and Title VIII of the Civil Rights Act.[ citation needed ]
The early history of federal legislation benefiting people with disabilities includes the Civilian Vocational Rehabilitation Act of 1920 (Smith-Fess Act) passed after World War I, one of the first U.S. laws that provided services for all Americans with disabilities, not just veterans with disabilities. [17] Over the years, subsequent laws and amendments included additional vocational rehabilitation measures. [17]
Section 504 brought the language of the Civil Rights Act of 1964 to the Rehabilitation Act of 1973. [18] [19] As a law that fell within the office of Health, Education, and Welfare, this was an unlikely place for a social justice provision, yet inserting such a rights clause happened without fanfare. [19] [20] Working behind the scenes on what most believed was a bill related to budget, a staffer added the thirty-five words that addressed issues of discrimination related to disability. This was a departure from prevailing views that considered disability to be purely a medical condition. [19] The law prohibited any entity receiving federal funding (such as government offices, schools, universities, hospitals, and post offices) from discriminating against someone because of a disability.
Concerned about costs and enforcement, the Nixon and Ford Administrations attempted to stall the regulations both by rewriting them and calling for further study regarding their impact if they did stay in their present form.[ citation needed ] Institutions such as universities and hospitals hoped to avoid bad publicity and huge expenses by waiting out the regulation process. [21] As well, early versions of the Rehabilitation Act of 1973 were vetoed by Nixon in October 1972 and March 1973. [22] In 1972, Disabled in Action demonstrated in New York City with a sit-in protesting one of the vetoes. Led by Judith E. Heumann, eighty activists staged this sit-in on Madison Avenue, stopping traffic. [23] In 1972, demonstrations were also held by disabled activists in Washington, D.C. to protest this veto; among the demonstrators were Disabled in Action, Paralyzed Veterans of America, the National Paraplegia Foundation, and others. [23]
Disability rights groups, especially the American Coalition of Citizens with Disabilities (ACCD), [24] advocated to keep the regulations of Section 504 of the Rehabilitation Act in place unchanged. Section 504 required another step before being implemented (and thus enforced), a signature from the Secretary of Health, Education, and Welfare (HEW). In 1975, a federal lawsuit was filed to force the agency to act. In July 1976, a federal district for Washington DC ruled that the regulations should be issued "with no further unreasonable delays." As the arrival of a new president drew near, HEW Secretary under departing President Gerald Ford, David Matthews, left them unsigned. [21] [24]
During his campaign, Jimmy Carter promised to change this if he was elected president. When he took office in January 1977, he too grew concerned about costs and invited Joseph Califano, the new HEW head, to study the legislation and its implications by establishing a task force that did not include representation from ACCD or anyone with a disability.[ citation needed ] Word leaked out that the 504 regulations that insisted on full integration of people with disabilities were being changed into something more akin to "separate but equal." ACCD members tried to reach President Carter, who had promised to support disability rights during a campaign speech in Warm Springs, Georgia, a significant location because it had been President FDR's wheelchair-accessible "home away from home" while he was in the White House. Carter insisted that the matter fell to Califano. [19] [21]
After resistance from Joseph Califano to signing the regulations, national protests were organized, which are now known as the 504 Sit-in. Due to the pressure of the protests, Joseph Califano signed the regulations unchanged on April 28, 1977. [25] [26] [27] [28] [29] In San Francisco, the occupation would last another two days, until April 30, 1977, to give the occupiers time to clean up and to allow their fellow protesters time to return from Washington so they could all leave the building together with raised fists in triumph. Some also seemed reluctant to leave the disability city, the "mini-Woodstock" they had created. [19] [30] [31] The 504 Sit-in lasted a total of 25 days, and remains the longest nonviolent occupation of a federal building in U.S. history. [31]
Protesters held a large victory rally in Civic Center Plaza where occupiers sang "We Have Overcome," then toasted with champagne and gave victory speeches. Organizer Kitty Cone captured the mood and the accomplishment by saying: "We showed strength and power and courage and commitment, that we the shut-ins or the shut-outs, that we the hidden, supposedly the frail and the weak, that we could wage a struggle at the highest level of government and win!" [19] [21] [32]
The protest is considered "perhaps the single most impressive act of civil disobedience in the United States over the last quarter-century." [20] [21] The success ensured that disability rights would be understood to be a civil right, that disabled people could claim an identity alongside those of racial, ethnic, and gender identities. It has been described as the Stonewall of the Disability Rights Movement because it solidified the American struggle for disability rights. The successful action showed people with disabilities to be capable of grassroots action and ongoing public protest for the first time in history.[ citation needed ] It brought together people with different disabilities to forge coalitions that would work together to draft and pass the 1990s Americans with Disabilities Act (ADA).
The protests also led Califano to sign the regulations for the 1975 Education for All Handicapped Children Act, another law awaiting a signature from the head of HEW after congress had passed it. Along with provisions from 504, this law paved the way for bringing children with disabilities into the educational mainstream, giving them access to better schooling and opportunities. [19]
Over the next several years, Section 504 was controversial because it afforded people with disabilities many rights similar to those for other minority groups in the Civil Rights Act of 1964. Throughout the Reagan administration, efforts were made to weaken Section 504. Patrisha Wright and Evan Kemp, Jr. (of the Disability Rights Center) led a grassroots and lobbying campaign against this that generated more than 40,000 cards and letters. [26] In 1984, the administration dropped its attempts to weaken Section 504; however, they did end the Social Security benefits of hundreds of thousands of disabled recipients. [26] Section 504 also provoked some resistance and backlash from organizations that complained of costs. [19]
As part of the 504 victory, the federal government funded disability activists to travel across the United States to explain to people with disabilities and local officials the rights guaranteed by the law. This helped spread the disability rights movement beyond the San Francisco Bay Area.
The 504 occupation created a generation of disability rights activists and advocates who would go on to draft the Americans with Disabilities Act (ADA) of 1990. The ADA can be viewed as picking up where 504 left off, handling the more difficult, complex situations. [18] Using Section 504 as a template, the framers of the ADA sought to extend provisions that now applied to government to much of the private sector (notably private employers, stores, hotels, and restaurants). The new law also specifically stated that the ADA would not amend or weaken Section 504. Because of being drafted based on 504, the ADA also framed disability in the context of civil rights rather than as a medical need, using terms such as "discrimination," "reasonable accommodation," and "otherwise qualified." [18] The cross-disability coalitions forged during the 504 protests also ensured that the ADA would employ a broad definition of disability so that it could encompass a wide variety of impairment groups. [31] Like Section 504, the ADA includes people with psychiatric disabilities, alcoholics, and recovered drug addicts (though current drug users are excluded). [18]
Activists formed by the 504 occupation such as Patrisha Wright spent the next thirteen years building relationships in Washington that would help pave the way for passing the ADA. [19]
With thirteen years of Section 504 on the books, framers of the ADA could point to evidence that the earlier law had not led to the massive economic collapse that some had predicted (115-6). [19]
The Americans with Disabilities Act of 1990 or ADA is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.
Accessibility is the design of products, devices, services, vehicles, or environments so as to be usable by people with disabilities. The concept of accessible design and practice of accessible development ensures both "direct access" and "indirect access" meaning compatibility with a person's assistive technology.
The disability rights movement is a global social movement that seeks to secure equal opportunities and equal rights for all people with disabilities.
People with disabilities in the United States are a significant minority group, making up a fifth of the overall population and over half of Americans older than eighty. There is a complex history underlying the U.S. and its relationship with its disabled population, with great progress being made in the last century to improve the livelihood of disabled citizens through legislation providing protections and benefits. Most notably, the Americans with Disabilities Act is a comprehensive anti-discrimination policy that works to protect Americans with disabilities in public settings and the workplace.
The Individuals with Disabilities Education Act (IDEA) is a piece of American legislation that ensures students with a disability are provided with a Free Appropriate Public Education (FAPE) that is tailored to their individual needs. IDEA was previously known as the Education for All Handicapped Children Act (EHA) from 1975 to 1990. In 1990, the United States Congress reauthorized EHA and changed the title to IDEA. Overall, the goal of IDEA is to provide children with disabilities the same opportunity for education as those students who do not have a disability.
The Rehabilitation Act of 1973 is a United States federal law, codified at 29 U.S.C. § 701 et seq. The principal sponsor of the bill was Rep. John Brademas (D-IN-3). The Rehabilitation Act of 1973 replaces preexisting laws to extend and revise the authorization of grants to States for vocational rehabilitation services, with special emphasis on services to those with the most severe disabilities, to expand special Federal responsibilities and research and training programs with respect to individuals with disabilities, to establish special responsibilities in the Secretary of Health, Education, and Welfare for coordination of all programs with respect to individuals with disabilities within the Department of Health, Education, and Welfare, and for other purposes. It created the Rehabilitation Services Administration.
The Office for Civil Rights (OCR) is a sub-agency of the U.S. Department of Education that is primarily focused on enforcing civil rights laws prohibiting schools from engaging in discrimination on the basis of race, color, national origin, sex, disability, age, or membership in patriotic youth organizations.
The right to a Free Appropriate Public Education (FAPE) is an educational entitlement of all students in the United States who are identified as having a disability, guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA).
The American Coalition of Citizens with Disabilities (ACCD) was, in the mid-1970s to early 1980s, a national consumer-led disability rights organization called, by nationally syndicated columnist Jack Anderson and others, "the handicapped lobby". Created, governed, and administered by individuals with disabilities—which made it a novelty at the time—ACCD rose to prominence in 1977 when it mounted a successful 10-city "sit in" to force the federal government to issue long-overdue rules to carry out Section 504, the world's first disability civil rights provisions. ACCD also earned a place of honor in the disability rights movement when it helped to secure federal funding for what is now a national network of 600 independent living centers and helped to pave the way for accessible Public Transit in the U.S. After a brief and often tumultuous history, ACCD closed its doors in 1983.
Judith Ellen "Judy" Heumann was an American disability rights activist, known as the "Mother of the Disability Rights Movement". She was recognized internationally as a leader in the disability community. Heumann was a lifelong civil rights advocate for people with disabilities. Her work with governments and non-governmental organizations (NGOs), non-profits, and various other disability interest groups, produced significant contributions since the 1970s to the development of human rights legislation and policies benefiting children and adults with disabilities. Through her work in the World Bank and the State Department, Heumann led the mainstreaming of disability rights into international development. Her contributions extended the international reach of the independent living movement.
A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, or employment-related, and law often mandates them. Each country has its own system of reasonable accommodations. The United Nations use this term in the Convention on the Rights of Persons with Disabilities, saying refusal to make accommodation results in discrimination. It defines a "reasonable accommodation" as:
... necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
Inclusion, in relation to persons with disabilities, is defined as including individuals with disabilities in everyday activities and ensuring they have access to resources and opportunities in ways that are similar to their non-disabled peers. Disability rights advocates define true inclusion as results-oriented, rather than focused merely on encouragement. To this end, communities, businesses, and other groups and organizations are considered inclusive if people with disabilities do not face barriers to participation and have equal access to opportunities and resources.
The Rehabilitation Services Administration (RSA) is a federal agency under the United States Department of Education, Office of Special Education and Rehabilitative Services, and is headquartered within the Department of Education in Washington, D.C. It was established to administer portions of the Rehabilitation Act of 1973. Its mission is to provide leadership and resources to assist state and other agencies in providing vocational rehabilitation (VR) and other services to individuals with disabilities to maximize their employment, independence and integration into the community and the competitive labor market.
An emotional support animal (ESA) is an animal that provides relief to individuals with "psychiatric disability through companionship." Emotional support animals may be any type of pet, and are not recognized as service animals under the Americans with Disabilities Act.
Kenneth L. Marcus is an American attorney, academic, and government official. He is the founder and leader of the Brandeis Center. He was the Assistant Secretary for Civil Rights at the United States Department of Education from August 6, 2018 through July 9, 2020, after which he resumed his position at the Brandeis Center.
The ADA Amendments Act of 2008 is an Act of Congress, effective January 1, 2009, that amended the Americans with Disabilities Act of 1990 (ADA) and other disability nondiscrimination laws at the Federal level of the United States.
The Office of Fair Housing and Equal Opportunity (FHEO) is an agency within the United States Department of Housing and Urban Development. FHEO is responsible for administering and enforcing federal fair housing laws and establishing policies that make sure all Americans have equal access to the housing of their choice.
This disability rights timeline lists events relating to the civil rights of people with disabilities in the United States of America, including court decisions, the passage of legislation, activists' actions, significant abuses of people with disabilities, and the founding of various organizations. Although the disability rights movement itself began in the 1960s, advocacy for the rights of people with disabilities started much earlier and continues to the present.
Fry v. Napoleon Community Schools, 580 U.S. 154 (2017), is a United States Supreme Court case in which the Court held that the Handicapped Children's Protection Act of 1986 does not command exhaustion of state-level administrative remedies codified in the Individuals with Disabilities Education Act (IDEA) when the gravamen of the plaintiff's lawsuit is not related to the denial of free appropriate public education (FAPE).
The 504 Sit-in was a disability rights protest that began on April 5, 1977. People with disabilities and the disability community occupied federal buildings in the United States in order to push the issuance of long-delayed regulations regarding Section 504 of the Rehabilitation Act of 1973. Prior to the 1990 enactment of the Americans with Disabilities Act, the Rehabilitation Act was the most important disability rights legislation in the United States.