Rights and Responsibilities under Section 504 and the ADA

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 ‐ FAQs



Discrimination: 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 Regulations


KidSource:  Overview of ADA, IDEA, and Section 504



Legal 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


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