Sage Journals: Discover world-class research

Abstract

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) are civil rights acts that are beginning to have a major impact on public schools. Schools have recently begun to pay a great deal of attention to these two acts because more and more parents are beginning to request services for children who are not eligible for services under the Individuals with Disabilities Education Act. Because these two pieces of legislation are civil rights acts, their application is mandatory for schools. Schools must ensure that students who are protected have equal access to a free, appropriate education and extracurricular activities. This article provides an overview of the requirements of Section 504 and the ADA, and it describes actions that schools can take to ensure compliance.

Get full access to this article

View all access options for this article.

References

Allen, G.R. , & Galli, L. (2001). Finding your way through an OCR complaint. 504 Section Compliance Advisor, 4, 1.

Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.

Council of Administrators of Special Education. (n.d.). Student access: A resource guide for educators, Section 504 of the Rehabilitation Act of 1973. Reston, VA: Author .

Hartwig, E. (2000). Not every ADD student is covered under Section 504. 504 Section Compliance Advisor, 4, 4.

Individuals with Disabilities Education Act of 1990, 20 U.S.C. § 1400 et seq.

Jacob-Timm, S. , & Hartshorne, T.S. (1994). Section 504 and school psychology. Psychology in the Schools, 31, 26-39.

Martin, R. (1992). Continuing challenges in special education law . Urbana, IL: Carle Media.

Office of Civil Rights. (1988). Free appropriate public education for students with handicaps: Requirements under Section 504 of the Rehabilitation Act of 1973. Washington, DC: Author.

Office of Civil Rights. (1989a). The civil rights of students with hidden disabilities under Section 504 of the Rehabilitation Act of 1973. Washington, DC: Author.

10.

Office of Civil Rights. (1989b). Student placement in elementary and secondary schools and Section 504. Washington, DC: Author.

11.

Pitasky, V.M. (2000). Extracurriculars top the list of legal trends for Section 504, ADA. 504 Section Compliance Advisor, 4, 1.

12.

Podemski, R.S. , Marsh, G.E. , Smith, T.E.C. , & Price, B.J. (1995). Comprehensive administration of special education (2nd ed.). Columbus, OH: Merrill.

13.

Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.

14.

Smith, T.E.C. , & Patton, J.R. (1999). Section 504 and public schools: A practical guide . Austin, TX: PRO-ED.

15.

Smith, T.E.C. , Polloway, E.A. , Patton, J.R. , & Dowdy, C.A. (2001). Teaching students with special needs in inclusive settings (3rd ed.). Boston: Allyn & Bacon.

16.

Turnbull, H.R. , & Turnbull, A. (2000). Free appropriate public education (6th ed.). Denver, CO: Love.

17.

" Waving a Magic Want." (1989, September 24). Chicago Tribune.

18.

Wegner, J.W. (1988). Educational rights of handicapped children: Three federal statutes and an evolving jurisprudence. Part I; The statutory maze . Journal of Law and Education, 17, 387-457.

19.

Wenkart, R. (2000). Comparing the IDEA with Section 504. Special Education Law Update, 9, 1-4.

20.

Zirkel, P.A. , & Kincaid, J.M. (1994). Section 504 and the schools. Horsham, PA: LRP.

Section 504,the ADA,and Public Schools

Abstract

Get full access to this article

References