What is “discrimination” under Section 504? Discrimination occurs when a district, based on disability:
Ø denies a disabled student the opportunity to participate in or benefit from an aid, benefit, or service which is afforded to non-disabled students
Ø fails to afford a disabled student an opportunity to participate in or benefit from an aid, benefit, or service that is equal to that afforded to non-disabled students
Ø fails to provide aids, benefits, or services to a disabled student that are as effective as those provided to non-disabled students
Ø provides different or separate aids, benefits or services than are provided to non-disabled students unless there is a legitimate, nondiscriminatory reason for doing so
Ø denies a disabled student the opportunity to participate in programs or activities that are not separate or different unless there is a legitimate and nondiscriminatory reason for doing so
Ø denies a disabled student the opportunity to participate as a member of a planning or advisory board
Ø otherwise limits a disabled student in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others
Ø aids or perpetuates discrimination by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability; and
Ø selects the site or location of a facility that has the effect of excluding disabled students from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity
Section 504 ‐ FAQsDiscrimination: Section 504 and ADA Frequently Asked Questions About Section 504 and the Education of Children with Disabilities The Americans with Disabilities Act (ADA) & Section 504 as Applied to Colleges & Universities DHHS: Your Rights Under Section 504 and the Americans with Disabilities Act ADA Basics: Statute and RegulationsKidSource: Overview of ADA, IDEA, and Section 504Legal Foundations of Rights to Special Education PEER Fact Sheet: Section 504, ADA, and Education Reform Overview of ADA, IDEA, and Section 504: Update 2001. ERIC Digest E606 |