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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 ...
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]
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]").
Once the administrative process was exhausted, the Smiths sought judicial review pursuant to the EAHCA, § 504 of the Rehabilitation Act, and 42 U.S.C. § 1983. The United States Supreme Court held that the administrative process created by EHA was the exclusive remedy for disabled students asserting their right to equal access to education.
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.
If the child needs additional services to access or benefit from special education, schools are required to provide the related services, which include: speech therapy, occupational or physical therapy, interpreters, medical services (for example, a nurse to perform procedures the child needs during the day, for example, catheterization ...
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 ...
It carried forward material from Section 504 of the Rehabilitation Act of 1973. A reasonable accommodation is defined by the US Department of Justice as "change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential ...