Section 504 of the Rehabilitation Act of 1973

In 1973, Congress passed Section 504 of the Rehabilitation Act of 1973 that prohibits discrimination on the basis of physical or mental disability (29 U.S.C. Section 794). It states:

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. . . .

The Office of Civil Rights in the U. S. Department of Education enforces regulations implementing Section 504 with respect to programs and activities that receive federal funding.

Loss of federal funds to the institution, including research grants and student financial aid, can be an outcome of Section 504 violation.

IMPORTANT PRINCIPLES of Section 504

• Students cannot be excluded from any course, major, or program solely on the basis of disability.
• Accommodations or academic adjustments are typically used to provide alternative testing and evaluation methods for measuring student knowledge, unless it would result in a fundamental alteration of the course. Sign language interpreters, notetakers, and enlarged handouts are some examples of appropriate accommodations.
• Modifications, substitutions, or waivers of a course, major, or degree requirement may be necessary in some cases.
• Modifying time limits to complete a degree may be appropriate.
• The range of career options in counseling/advising students with disabilities must not be restricted when compared to students without disabilities who have similar interests and abilities. Strict licensing or certification requirements in a profession need to be understood by the student so that he or she can make an informed decision.