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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.
Southeastern Community College vs Davis was a landmark case because it helped define the interpretation of Section 504 regarding reasonable accommodations and what accommodations would drastically impact a program. [5] It was considered a narrow ruling in that it only applies to clinical and professional programs. [6]
It even allows for reasonable accommodations such as special study area and assistance as necessary for each student. [1] Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid.
Right to disability accommodation in residence facilities; Students with disabilities are also entitled to equal quality dormitories with living accommodations (Section 504 Rehabilitation Act, 1973; Kaplan & Lee, 2011. [23] [84] All accommodations are currently free to the student even if the student has the financial means to pay for them. [34 ...
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]").
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]
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In these programs, students may take credit or non credit courses, audit courses or take extended study courses. [4] The minimum requirements to be admitted into a PSE program are to read at a third grade minimum and not be considered able to attain a degree with support. [7] Currently, there are over 220 PSE programs in the United States. [3]