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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 ...
The 1990 Americans With Disabilities Act [109] and Section 504 of the 1973 Rehabilitation Act protect students against discrimination based on ability. [23] [30] [33] [38] [89] [110] This includes ability discrimination in discipline and dismissal. Individuals shall be designated with a disability by a medical professional, legally recognized ...
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.
Students with disabilities should receive instruction in the "least restrictive environment" (LRE), ideally along with non-disabled peers where possible. [21] Congress funds up to 40% of excess costs of educating students with disabilities. [21] Public Law 94-142 has been amended and reauthorized several times since 1975.
Under the Americans with Disabilities Act and 504, higher education facilities can only offer 'reasonable accommodation' to the college students with disabilities admitted for a credit degree program. They cannot offer a separate curriculum.
Rehabilitation Act of 1973; Long title: An Act to replace the Vocational Rehabilitation Act, 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 ...
The act provides for special education transition services to students with ID up to the age of 21 to attend college. [4] In these programs, students attend high school and college courses simultaneously. The college courses may be restricted to non-credit, continuing education or to courses specifically designed for students with ID. [4]
[citation needed] If a student in special education attends university upon graduation, they are no longer "children with disabilities" under the Individuals with Disabilities Education Improvement Act of 2004 and are instead protected under Section 504 of the Rehabilitation Act.