Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 (Section 504) is one of several federal and state laws that protect students with disabilities. Section 504 is a federal civil rights statute prohibiting discrimination on the basis of disability in any program or activity receiving federal financial assistance.

As applied to public schools, Section 504 broadly prohibits discrimination by denying participation in public education, or the enjoyment of the benefits offered by public school programs because of a student’s disability.

Section 504 guarantees the right to full participation and access to a free appropriate public education (FAPE). FAPE is documented on a Section 504 plan identifying the services and accommodations that are necessary for the student to access instruction and participate in educational and school-sponsored extracurricular activities. The law recognizes that equal treatment and services may not be sufficient to convey equal benefit; however, for nondiscrimination to occur, the school must provide services that level the playing field so that Section 504-eligible students have equal participation and opportunity for benefit.

Section 504 (34 CFR §104.4(b)(1)) specifically prohibits schools (as well as other programs or activities that received Federal financial assistance) from engaging in the following discriminatory actions:

• Denying a qualified student with a disability the opportunity to participate in or benefit from the aids, benefits, or services that are afforded other students.
• Affording a qualified student with a disability an opportunity to participate in or benefit from the aids, benefits, or services that are not equal to that afforded other students.
• Providing aids, benefits, or services to a qualified student with a disability that are not as effective as those provided other students.
• Providing different or separate aids, benefits, or services to a qualified student with a disability unless necessary to provide aids, benefits, or services that are as effective as those provided others.
• Aiding or perpetuating discrimination by providing significant assistance to an agency, organization, or person that discriminates on the basis of a disability.
• Denying qualified persons with disabilities the opportunity to participate as a member of a planning or advisory board because of their disability.
• Limiting a qualified student with a disability from the enjoyment of any right, privilege, advantage, or opportunity enjoyed by other students.

To be equally effective, aids, benefits, and services do not have to produce identical results, but must afford equal opportunity to obtain the same result in the most integrated setting appropriate (34 CFR §104.4(b)(2)). A qualified student with a disability may not be denied the opportunity to participate in a program or activity that is not separate or different; providing unnecessarily separate or different services is a discriminatory practice under Section 504.

The United States Department of Education, Office for Civil Rights (OCR) provides compliance oversight for Section 504. OCR clarifies the requirements of Section 504 in Protecting Students with Disabilities: Frequently Asked Questions about Section 504 and the Education of Children with Disabilities.

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