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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 ...
Section 504 of the 1973 Rehabilitation Act guaranteed civil rights for disabled people in the context of federally funded institutions or any program or activity receiving Federal financial assistance. It required accommodations in affected schools for disabled people including access to buildings and structures and improved integration into ...
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]
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 ...
Congress used the functional definition of disability from Section 504 of the Rehabilitation Act of 1973. [8] Due to 17 years of development through case law, Congress believed the requirements of the definition were well understood.
A related statute, the Family and Medical Leave Act, sets requirements governing leave for pregnancy and pregnancy-related conditions. [ 13 ] Executive Order 11246 in 1965 "prohibits discrimination by federal contractors and subcontractors on account of race, color, religion, sex, or national origin [and] requires affirmative action by federal ...
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.