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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 ...
Southeastern Community College v. Davis, 442 U.S. 397 (1979), was a United States Supreme Court Case from 1979. Its plaintiff was a hearing-impaired student who, after being denied access to the school's nursing department, filed a lawsuit against claiming violation of her rights under the Fourteenth amendment and Section 504 of the Rehabilitation Act of 1973.
Section 504 created and extended civil rights to people with disabilities. Section 504 has also provided opportunities for children and adults with disabilities in education, employment, and various other settings. It even allows for reasonable accommodations such as special study area and assistance as necessary for each student. [1]
Rehabilitation Act Section 504 of 1973, 29 U.S.C. § 794 et seq. (US Code, 2006) / Rehabilitation Act 1973, Pub. L. No. 93-112 §, 87 Stat. 394 (US Code, 2006) Rafferty, D. P. (1993). Technical foul! Ross v. creighton university allows courts to penalize universities which do not perform specific promises made to student-athletes.
The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104 D. [47] §504 applies to all programs or activities, including schools, that receive federal financial assistance. See 29 U.S.C. 794(b)(2)(B) (defining "program or activity" to include the operations of "local educational agenc[ies]").
In 1977, U.S. Secretary of Health, Education and Welfare Joseph Califano refused to sign meaningful regulations for Section 504 of the Rehabilitation Act of 1973, the first U.S. federal civil rights protection for people with disabilities. [30]
As a result, state public education programs became subject to federal non-discrimination requirements. However, Section 504 only requires that the school in question develop a "plan" (often called a "504 Plan") for the child, unlike an Individualized Education Program, or IEP, which tends to generate a more in-depth, actionable document. [20]
Section 504 of the Rehabilitation Act of 1973 (in 34 C.F.R. 104, ... previously investigations were known only to members of university and college communities. ...