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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 ...
Title V includes technical provisions. It discusses, for example, the fact that nothing in the ADA amends, overrides or cancels anything in Section 504. [29] Additionally, Title V includes an anti-retaliation or coercion provision. The Technical Assistance Manual for the ADA explains this provision: III-3.6000 Retaliation or coercion.
Barnes v. Gorman, 536 U.S. 181 (2002), was a case decided by the Supreme Court of the United States on June 17, 2002. The court decided that punitive damages may not be awarded in private lawsuits brought under § 202 of the Americans with Disabilities Act of 1990 (ADA) and § 504 of the Rehabilitation Act.
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.
FAPE is a civil right rooted in the Fourteenth Amendment of the United States Constitution, which includes the Equal Protection and Due Process clauses.. FAPE is defined in the Code of Federal Regulations (7 CFR 15b.22) [6] as "the provision of regular or special education and related aids and services that (i) are designed to meet individual needs of handicapped persons as adequately as the ...
1973 – The Rehabilitation Act of 1973 became law; Section 504 of the Act states "No otherwise qualified handicapped individual in the United States, shall, solely by reason of his [sic] handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal ...
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 ...
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]").
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