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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 ...
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 ...
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 ...
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.
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Eligibility under §504 is different from that under IDEA. While IDEA recognizes thirteen categories of disability, §504 defines individuals with disabilities to include any individual with a physical or mental condition which substantially limits at least one major life activity. 29 U.S.C. 705(20).
The 504 Sit-in was a disability rights protest that began on April 5, 1977. People with disabilities and the disability community occupied federal buildings in the United States in order to push the issuance of long-delayed regulations regarding Section 504 of the Rehabilitation Act of 1973 .
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