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Section 504-Americans with Disabilities Act

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Who is eligible for legal protection under Section 504? What does Section 504 require schools to do for students with disabilities?

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Solution Summary

This solution contains information relating to Section 504 of the Americans with Disabilities Act, including guidelines that school personell must adhere to. Includes an overview of the law itself, identification of eligible students, accommodations, discipline and other relevant issues.

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Section 504 of the Rehabilitation Act of 1973
 No otherwise qualified individual with a disability in the United States...shall, solely by reason of her or his disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance... (29 U.S.C.A. § 794)

Section 504
 Civil rights legislation
 Mainly geared towards protection from being denied job opportunities and training
 In past 20 yrs., it has had a larger impact in the school setting
 Addresses the need to educate all students w/ disabilities so they can reach the same level of achievement as students w/o disabilities

Eligibility for 504
-Students who are protected under IDEA (Individuals with Disabilities Act, PL 94-142) are also protected under Section 504

 "otherwise qualified"
 The student must be qualified before the disability can be a factor
 Ex. A student with a learning disability tries out for the football team, but he can't run or catch the ball. The coach is able to cut him without it being discriminatory because he is not "otherwise qualified"

Eligibility for 504
 Student must have a ...

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