A 504 plan refers to section 504 of the Rehabilitation Act of 1973. This section, according to the U.S. Department of Education, was "designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance."
* US Department of Education. (n.d.). Title 34 Education. Part 104 Nondiscrimination on the basis of handicap in programs or activities receiving federal financial assistance. Retrieved from https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html
Educational institutions must provide students with disabilities equal educational opportunities for success. No all students are eligible for a 504 plan, students must have, or have record of having, a physical or mental impairment that substantially limits one or more major life activity.
Also according to the U.S. Department of Education,
"Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act, Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid – the Section 504 regulatory provision’s list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity."
* US Department of Education. (2015). Protecting students with disabilities. Retrieved from https://www2.ed.gov/about/offices/list/ocr/504faq.html
Section 504 works together with both the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) to protect children and adults with disabilities from exclusion, and unequal treatment in schools, employment, and in the community."
* US Department of Education. (n.d.). Title 34 Education. Part 104 Nondiscrimination on the basis of handicap in programs or activities receiving federal financial assistance. Retrieved from https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html
Educational institutions must provide students with disabilities equal educational opportunities for success. No all students are eligible for a 504 plan, students must have, or have record of having, a physical or mental impairment that substantially limits one or more major life activity.
Also according to the U.S. Department of Education,
"Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act, Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid – the Section 504 regulatory provision’s list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity."
* US Department of Education. (2015). Protecting students with disabilities. Retrieved from https://www2.ed.gov/about/offices/list/ocr/504faq.html
Section 504 works together with both the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) to protect children and adults with disabilities from exclusion, and unequal treatment in schools, employment, and in the community."
"The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children."
*US Department of Education. (2018). About IDEA. Retrieved from https://sites.ed.gov/idea/about-idea/
This law makes it possible for students with disabilities to qualify for many programs and services from birth to age 21. Students may be able to qualify for either a section 504 plan, mentioned above, or for an Individualized Education Plan. Students and their families are afforded certain rights and IDEA ensures that those rights are protected.
*US Department of Education. (2018). About IDEA. Retrieved from https://sites.ed.gov/idea/about-idea/
This law makes it possible for students with disabilities to qualify for many programs and services from birth to age 21. Students may be able to qualify for either a section 504 plan, mentioned above, or for an Individualized Education Plan. Students and their families are afforded certain rights and IDEA ensures that those rights are protected.
The Americans with Disabilities Act (ADA) applies to nearly every aspect of American life regardless to being public, private, or federally funded/subsidized.
The ADA is broken down into five components or Titles
- Title I - Employment"This title is designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Employers must provide reasonable accommodations to qualified applicants or employees. A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions.
This portion of the law is regulated and enforced by the U.S. Equal Employment Opportunity Commission(link is external). Employers with 15 or more employees must comply with this law. The regulations for Title I define disability, establish guidelines for the reasonable accommodation process, address medical examinations and inquiries, and define “direct threat” when there is significant risk of substantial harm to the health or safety of the individual employee with a disability or others." (adata.org)
- Title II - State and Local Governments
"Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of state or local governments. It clarifies the requirements of section 504 of the Rehabilitation Act of 1973, as amended, for public transportation systems that receive federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (e.g., AMTRAK).
This title outlines the administrative processes to be followed, including requirements for self-evaluation and planning; requirements for making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; architectural barriers to be identified; and the need for effective communication with people with hearing, vision and speech disabilities. This title is regulated and enforced by the U.S. Department of Justice." (adata.org)
- Title III - Public Accommodations and Commercial Facilities
"This title prohibits private places of public accommodation from discriminating against individuals with disabilities. Examples of public accommodations include privately-owned, leased or operated facilities like hotels, restaurants, retail merchants, doctor’s offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on. This title sets the minimum standards for accessibility for alterations and new construction of facilities. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense. This title directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities. It also requires that they take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities. This title is regulated and enforced by the U.S. Department of Justice." (adata.org)
- Title IV- Telecommunications
"This title requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing and speech disabilities to communicate over the telephone. This title also requires closed captioning of federally funded public service announcements. This title is regulated by the Federal Communication Commission." (adata.org)
- Title V - Miscellaneous Provisions
"The final title contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney’s fees. This title also provides a list of certain conditions that are not to be considered as disabilities." (adata.org)
The ADA is broken down into five components or Titles
- Title I - Employment"This title is designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Employers must provide reasonable accommodations to qualified applicants or employees. A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions.
This portion of the law is regulated and enforced by the U.S. Equal Employment Opportunity Commission(link is external). Employers with 15 or more employees must comply with this law. The regulations for Title I define disability, establish guidelines for the reasonable accommodation process, address medical examinations and inquiries, and define “direct threat” when there is significant risk of substantial harm to the health or safety of the individual employee with a disability or others." (adata.org)
- Title II - State and Local Governments
"Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of state or local governments. It clarifies the requirements of section 504 of the Rehabilitation Act of 1973, as amended, for public transportation systems that receive federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (e.g., AMTRAK).
This title outlines the administrative processes to be followed, including requirements for self-evaluation and planning; requirements for making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; architectural barriers to be identified; and the need for effective communication with people with hearing, vision and speech disabilities. This title is regulated and enforced by the U.S. Department of Justice." (adata.org)
- Title III - Public Accommodations and Commercial Facilities
"This title prohibits private places of public accommodation from discriminating against individuals with disabilities. Examples of public accommodations include privately-owned, leased or operated facilities like hotels, restaurants, retail merchants, doctor’s offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on. This title sets the minimum standards for accessibility for alterations and new construction of facilities. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense. This title directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities. It also requires that they take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities. This title is regulated and enforced by the U.S. Department of Justice." (adata.org)
- Title IV- Telecommunications
"This title requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing and speech disabilities to communicate over the telephone. This title also requires closed captioning of federally funded public service announcements. This title is regulated by the Federal Communication Commission." (adata.org)
- Title V - Miscellaneous Provisions
"The final title contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney’s fees. This title also provides a list of certain conditions that are not to be considered as disabilities." (adata.org)
Resources
adata.org (a wealth of information about the ADA and what it affords all disabled Americans
IEP to 504 comparison.docx | |
File Size: | 136 kb |
File Type: | docx |
Reference
Adata.org. (n.d.). What is the americans with disabilities act (ADA)?. Retrieved from https://adata.org/learn-about-ada