Section 504 Guidance & Regulations
The Laws
The Rehabilitation Act of 1973 includes the single paragraph (§794a) that we now refer to as Section 504. You'll find the language of Section 504 on p. 142.
The Americans with Disabilities Act (ADA) is a sister-statute that shares the eligibility language and nondiscrimination approach of Section 504. The ADA provides some additional detail, understanding, and a large body of caselaw.
In 2008, the ADA was amended by the Americans with Disabilities Act Amendments Act or ADAAA. Changes were made consistent with Congress' desire to create easier eligibility analysis, protect more individuals with disability and to focus litigation on accommodation as opposed to eligibility. Two pieces of the ADAAA are provided below.
The Regulations: The U.S. Department of Education's Section 504 regulations, although very old and very short, should be the foundation of your compliance knowledge. The regulations are supplemented with guidance documents from the Office for Civil rights (OCR). Links to important OCR guidance documents are provided below.
The Regulations
The U.S. Department of Education's Section 504 regulations, although very old and very short, should be the foundation of your compliance knowledge. The regulations are supplemented with guidance documents from the Office for Civil rights (OCR). Links to important OCR guidance documents are provided below.
Guidance from the U.S. Department of Education
The following are links to key Section 504 Guidance documents from the U.S. Department of Education's Office for Civil Rights (OCR) that can assist your understanding.
OCR, Civil Rights Protections Against Retaliation, December 2024
OCR Dear Colleague Letter: Seclusion and Restraint of Students with Disabilities, December 28, 2016.
Students with ADHD and Section 504: A Resource Guide, OCR July 2016.
OCR Guidance on Bullying of Students with Disabilities, October 21, 2014.
OCR Guidance on Athletics & Extracurricular Activities and Disability, January 25, 2013.
OCR, Dear Colleague Letter on post-secondary transition of students with disabilities, March 2007.
OCR Fact Sheets on Various Impairments
Beginning in 2024, OCR began the release of what appears to be a series of Fact Sheets focused on various physical or mental impairments.
Measles & COVID-Related Guidance from the U.S. Department of Education