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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]
Section 504 requires non-discrimination on the basis of disability of any organization or agency that receives any federal funds, for any purpose. The 1990 Americans with Disabilities Act extended Section 504's reach to the private sector, as well. Experts believe there would be no ADA had there not first been Section 504.
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]").
Students with an EBD classification who meet the diagnostic criteria for various disruptive behavior disorders, including attention-deficit hyperactivity disorder (ADHD), oppositional defiant disorder (ODD), or conduct disorder (CD) do not have an automatic eligibility to receive an IEP or 504 Plan. [11]
Additionally, when the student is sixteen years of age, a statement of post-secondary goals and a plan for providing what the student needs to make a successful transition is required. [6] This transition plan can be created at an earlier age if desired, but must be in place by the age of sixteen. A typical IEP team and team meeting includes:
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 ...
Davis, the U.S. Supreme Court ruled that under Section 504 of the Rehabilitation Act of 1973, programs receiving federal funds must make "reasonable modifications" to enable the participation of otherwise qualified disabled individuals. This decision was the Court's first ruling on Section 504 establishing reasonable modification as an ...
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