The Law: Section 504 and Its Relationship to ADA/ADAAA
The Americans with Disabilities Act (ADA), enacted in 1990 and amended in 2008 as the Americans with Disabilities Act Amendment Act (ADAAA) and Section 504 of the American Rehabilitation Act of 1973 are Civil Rights legislation intended to prohibit discrimination and to protect the rights of individuals with disabilities. Section 504 states, “No otherwise qualified individual with a disability shall solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance.” Subsequent reauthorization of ADA , the ADAAA extends the prohibition against discrimination to the full range of state or local government services (including public schools), programs, or activities regardless of whether they receive federal funding or not. Under Section 504 within the school setting, denying a disabled student a Free Appropriate Public Education (FAPE) constitutes disability discrimination. Most violations of Section 504 are also violations of ADAAA and are subject to investigation by Office of Civil Rights (OCR) and the Equal Employment Opportunity Commission (EEOC) through established Grievance Procedures.
Click the link below for more information on ADA and Gaston County Schools.