Disabilities and the Law

Section 504

What is Section 504?

Section 504 of the Rehabilitation Act of 1973 is designed to eliminate discrimination on the basis of disability in any program or activity receiving Federal Financial assistance. It states:
 
No qualified person with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance.

 

To Whom Does Section 504 Apply?

Postsecondary educational institutions that receive any Federal financial assistance must comply with Section 504.

Section 504 defines a "person with a disability" as any person who (I) has physical or mental impairment which substantially limits one or more major life activities, (II) has a record of such impairment, or (III) is regarded as having such an impairment. This definition includes, but is not limited to, such illnesses and conditions as:

  • AIDS or HIV
  • Drug or alcohol addiction
  • Arthritis
  • Epilepsy or seizure disorder
  • Cancer
  • Multiple sclerosis
  • Mental or Emotional Illness
  • Cerebral palsy
  • Specific learning disabilities
  • Speech disorder
  • Deafness or hearing impairment
  • Diabetes
  • Blindness or visual impairment

 

What Does Section 504 Prohibit?

Colleges and universities may not:

  • Limit the number of persons with a disability who are admitted to the institution or its programs;
  • Deny a person with a disability the opportunity to participate in or benefit from any course of study or any other service that is offered to other students;
  • Provide a student with a disability with services that are not equal to or are not as effective as services offered to other students;
  • Impose upon a student with a disability rules that have effect of limiting the participation of the student in the school's education programs or activities.
  • Such rules would include the prohibition of tape recorders in classrooms or guide dogs in campus buildings.
  • Counsel a qualified student with a disability toward more restrictive career objectives than other students with similar interest and abilities.

 

What Does Section 504 Require?

Postsecondary institutions are required to make all programs accessible to students with disabilities.

No qualified student with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, research, occupational training, housing, health insurance, counseling, financial aid, physical education, athletics, recreation, transportation, or other extracurricular, or other postsecondary education program or activity.

 

Colleges and universities are further required to:

  • Make facilities accessible to persons with disabilities;
  • Make modifications to academic requirements to ensure that such requirements do not discriminate against persons with disabilities. However, academic requirements which are essential to the program of instruction or are required for licensing will not be regarded as discriminatory.
  • Provide methods for evaluation that actually test the achievement of students with disabilities rather than highlight disability. Some modifications that may be made include but are not limited to:
    • allowing students extra time to complete exam
    • providing a distraction-free area where students can take tests;
    • allowing readers to be used; and
    • changing the format of tests.
  • Provide auxiliary aids that make courses or programs accessible to persons with disabilities. Such auxiliary aids may include, but are not limited to:
    • Readers
    • Taped texts
    • Note takers
    • Interpreters
    • Classroom equipment adapted for use by persons with disabilities

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