Central Washington University -

Disability Law

Section 504 of the Rehabilitation Act of 1973 Summary

Section 504 of the Rehabilitation Act of 1973 (hereafter referred to as Section 504) is a civil rights law that was written to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance. It states that:

"No otherwise qualified person with a disability in the United States...shall, solely by reason of...disability, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program activity receiving federal financial assistance."

Section 504 has a broad definition of who is disabled and applies to the various functions of institutions such as employment, access to buildings and education. The law is especially important because it builds the foundation of protection against discrimination against individuals with disabilities much like previous laws provided protections against discrimination based on gender, race and national origin.

Questions and Answers About Section 504

The actual language of Section 504 is brief, however, its rules as they pertain to elementary and secondary schools are extensive and are very similar to the rules for the IDEA. Different rules apply to colleges and universities. These questions and answers are posed to help the reader gain a basic understanding of this important law.

Who is protected under the law?

A "person with a disability" includes "any person who (i) has a physical or mental impairment which substantially limits one or more of such person's major life activities; (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment."

A "qualified person with a disability" is defined as one who meets the requisite academic and technical standards required for admission or participation in the postsecondary institution's programs and activities. Section 504 protects the civil rights of individuals who are qualified to participate and who have disabilities such as, but not limited, to the following:

ADHD
Blindness or visual impairments
Cerebral palsy
Deafness or hearing impairments
Drug or alcohol addiction (Section 504 covers former users and those in recovery programs and not currently using drugs or alcohol.)
Epilepsy or seizure disorders
Mental retardation
Orthopedic impairment
Specific learning disability
Speech disorder
Spinal cord or traumatic brain injury

Chronic illnesses, such as:

AIDS
arthritis
cancer
cardiac diseases
diabetes
multiple sclerosis
muscular dystrophy
psychiatric disabilities

Documentation must show how disability substantially limits learning in college.

What is the impact of the law on postsecondary education?

Colleges and universities receiving federal financial assistance must not discriminate in the recruitment, admission, or treatment of students.

Students with documented disabilities may request modifications, accommodations, or auxiliary aids which will enable them to participate in and benefit from all postsecondary educational programs and activities. Postsecondary institutions must make such changes to ensure that the academic program is accessible to the greatest extent possible by all students with disabilities. Under the provisions of Section 504, universities and colleges may not:

limit the number of students with disabilities admitted;
make pre-admission inquiries as to whether or not an applicant is disabled;
use admissions tests or criteria that inadequately measure the academic qualifications of disabled students because special provisions were not made for them;
exclude a qualified student with a disability from any course of study;
limit eligibility to a student with a disability for financial assistance or otherwise discriminate in administering scholarships, fellowships, internships, or assistantships on the basis of disability;
counsel a student with a disability toward a more restrictive career;
measure student achievement using modes that adversely discriminate against a student with a disability; or establish rules and policies that may adversely affect students with disabilities.

What can colleges and universities do to implement program modifications?

For college students with disabilities, academic adjustments may include adaptations in the way specific courses are conducted, the use of auxiliary equipment and support staff, and modifications in academic requirements. A college or university has the flexibilityto select the specific aid or service it provides, as long as it is effective.Such aids or services should be selected in consultation with the student who will use them. Postsecondary institutions can make modifications for students with disabilities such as:

removing architectural barriers;
providing services such as readers for blind or learning disabled individuals, qualified interpreters and notetakers for deaf and hard of hearing students, or notetakers for students with learning disabilities or mobility impairments. (Colleges and universities may, but need not, provide aids, devices, or services of a personal nature, such as personal assistants, wheelchairs, or specially certified tutors);
providing modifications, substitutions, or waivers of courses, major fields of study, or degree requirements on a case-by-case basis (Such accommodations need not be made if the institution can demonstrate that the changes requested would substantially alter essential elements of the course or program);
allowing extra time to complete exams;
permitting examinations to be individually proctored, read orally, dictated, or typed;
increasing the frequency of tests or examinations;
changing test formats (e.g., from multiple choice to essay);
using alternative forms for students to demonstrate course mastery (e.g., a narrative tape instead of a written journal); and permitting the use of computer software programs or other assistive technological devices to assist in test-taking and study skills.

Does Section 504 require colleges and universities to identify individuals with disabilities and to evaluate their eligibility for accommodations?

Unlike the IDEA, Section 504 places no responsibility on colleges and universities to find and evaluate individuals with disabilities. Therefore, students who believe they are eligible for protections under Section 504 must identify themselves and provide documentation of their disability.

Does the college or university have an obligation to identify and establish eligibility for students who are having difficulty in classes once enrolled?

No, the college or university has no such obligation.

Reprinted from a brochure of the same title published jointly by Health Resource Center, a division of the American Council on Education, and the Association of Higher Education and Disability, AHEAD.

Contact Information

400 E. University Way
Ellensburg, WA 98926
963-1111
email: dahlberc@cwu.edu