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A 504 plan is different and less detailed than an Individualized Education Program (IEPs). [7] Section 504 supports rights for students for needs outside of the school day, such as extracurricular activities, sports, and after-school care, because Section 504 prohibits discrimination on the basis of disability.
Various laws began to carve out space for a student's right to FAPE in the mid-to-late twentieth century. For example, the 1958 Captioned Films Act, Public Law 85-905, [8] [9] was intended, at least in part, to enrich the educational experience of the deaf, demonstrating recognition that their educational opportunities differed somewhat from their hearing peers.
Section 504 created and extended civil rights to people with disabilities. Section 504 has also provided opportunities for children and adults with disabilities in education, employment, and various other settings. It even allows for reasonable accommodations such as special study area and assistance as necessary for each student. [1]
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).
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.
Because the law does not clearly state to what degree the least restrictive environment is, courts have had to interpret the LRE principle. In a landmark case interpreting IDEA's predecessor statute (EHA), Daniel R.R. v. State Board of Education (1989), it was determined that students with disabilities have a right to be included in both academic and extracurricular programs of general education.
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Students with disabilities are also entitled to equal quality dormitories with living accommodations (Section 504 Rehabilitation Act, 1973; Kaplan & Lee, 2011. [ 23 ] [ 84 ] All accommodations are currently free to the student even if the student has the financial means to pay for them.