Workbook final

Sections 504 of Rehabilitation Act: Section 504 makes it illegal for federal agencies, or programs or activities that

receive federal financial assistance or are conducted by a federal agency, to discriminate against qualified

individuals with disabilities. Eligibility under §504 is different than under IDEA: while IDEA recognizes thirteen

categories of disability, §504 defines individuals with disabilities to include any individual with a physical or

mental condition which substantially limits at least one major life activity. Recipients of Federal financial

assistance include public school districts, institutions of higher education, and other state and local education

agencies. Requirements under Section 504 include reasonable accommodation for employees with disabilities;

programme accessibility; effective communication with people who have hearing or vision disabilities; and

accessible new construction and alterations. Each federal agency has its own set of Section 504 regulations that

apply to its programs. For example, the U.S. Department of Education, makes sure that students with disabilities

get appropriate educational services. The Section 504 regulations require a school district to provide a "free

appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's

jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the

provision of regular or special education and related aids and services designed to meet the student's individual

educational needs as adequately as the needs of nondisabled students are met.

Americans with Disabilities Act (ADA): extends the Rehabilitation Act’s provisions and prohibits discrimination

on the grounds of disability in employment (Title I), in programs, services, and activities run by State and local

government (including colleges and universities; Title II), in privately-owned places of public accommodations,

privately operated transportation and commercial facilities (including private educational institutions; Title III)

and telecommunications (Title IV). In addition to taking a non-discrimination approach, all titles include

reasonable accommodation provisions.

a. Title II covers all activities of State and local governments regardless of the government entity’s size or receipt

of Federal funding. It requires that State and local governments give “qualified individuals with a disability” an

equal opportunity to benefit from all of their programs, services, and activities (e.g. access to the physical

environment, transportation, information, buildings, roads, schools, medical facilities, social services,

recreation, courts, voting, town meetings and workplaces). Even if public entities are not required to take

actions that would result in undue financial and administrative burdens, they are required to make reasonable

modifications to policies, practices, and procedures, where necessary, to avoid discrimination. The

transportation provisions of Title II cover public transportation services, such as city buses and public rail transit,

which may not discriminate against people with disabilities in the provision of their services.

b. Title III covers businesses and non-profit service providers that are public accommodations, privately

operated entities offering certain types of courses and examinations, privately operated transportation, and

commercial facilities. Most private entities operating facilities open to the public will qualify (e.g. restaurants,

retail stores, hotels, movie theatres, private schools, convention centres, doctors’ offices, homeless shelters,

transportation depots, zoos, funeral homes, day care centres, and recreation facilities). Public accommodations

must comply with basic non-discrimination requirements and with specific requirements related to architectural