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The ADA can be viewed as picking up where 504 left off, handling the more difficult, complex situations. [18] Using Section 504 as a template, the framers of the ADA sought to extend provisions that now applied to government to much of the private sector (notably private employers, stores, hotels, and restaurants).
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 ...
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]
An eligible student is any child in the U.S. between the ages of 3–21 attending a public school and has been evaluated as having a need in the form of a specific learning disability, autism, emotional disturbance, other health impairments, intellectual disability, orthopedic impairment, multiple disabilities, hearing impairments, deafness ...
Act 504 applies to all people throughout their lifetimes, not just the span of 3–21 years. A person with a 504 plan does not have to have an educational disability. The spirit of 504 is to level the playing field for people with disabilities and is about access.
These students need individualized behavior supports such as a Behavior Intervention Plan, to receive a free and appropriate public education. [4] Students with EBD may be eligible for an Individualized Education Plan (IEP) and/or accommodations in the classroom through a 504 Plan. [4]
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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.