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02/01/2024 Self Guided Module: Accessibility and Inclusion - Understanding 504's - Idaho Parents Unlimited %

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Take our self-guided training, where we delve into the intricacies of 504 plans within the school setting. This informative module will explore the fundamental aspects of 504 plans, shedding light on the their purpose, implementation, and the crucial role they plan in supporting students with disabilities.

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Food for Thought - March with Chynna Hirasaki | Join Idaho Parents Unlimited and special guest Chynna Hirasaki, Special Education Director, Idaho Department of Education for a conversation about 504 plans. | By Idaho Parents UnlimitedFacebook

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Join Idaho Parents Unlimited and special guest Chynna Hirasaki, Special Education Director, Idaho Department of Education for a conversation about 504 plans.

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What Sparked the 504 Protests?

The protest was sparked by the government's failure to implement Section 504 of the Rehabilitation Act of 1973. The Rehabilitation Act was the first major disability rights legislation to be passed, over 15 years prior to the Americans with Disabilities Act. Section 504 of the Rehabilitation Act prohibited discrimination against people with disabilities in programs and activities receiving federal funding. This included things like libraries, transportation services, schools, etc.

Section 504 states,

No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, 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 or under any program or activity conducted by any Executive agency or by the United States Postal Service.

Despite Section 504 of the Rehabilitation Act being signed into law by President Richard Nixon (albeit after being vetoed twice), Section 504 had not been fully enforced, leaving people with disabilities without the necessary accommodations and access to public services. It remained unenforced and unaddressed for 4 years. This was in large part due to businesses and organizations lobbying against implementing Section 504, arguing that it was burdensome and unfair to expect them to implement accessibility or else lose federal funding.

One of the 504 Sit-in participants Corbett Joan O'Toole shared, "At that time in history, there was simply no access-no right to an education, no public transit. You couldn't get into a library or city hall, much less a courtroom." Disabled people wanted to see the government committed to disability inclusion and access. The disabled activists warned that if Joseph A. Califano Jr., who served as the Secretary of Health, Education, and Welfare during President Jimmy Carter's administration, didn't take action by April 4th, nationwide protests would ensue.

On April 4th, 1977, after the government did not sign the regulations into law, protests took place all over the country. In San Francisco, over 500 disabled individuals and their allies attended a rally on San Francisco's Civic Center Plaza.

Image Description: Hundreds of disabled protestors and allies gather in San Francisco's Civic Center Plaza.

Image Credit: The Disability Rights Education and Defense Fund

Image description: Demonstrators with a sign reading "Sign 504 now."

Image Credit: Anthony Tusler

Why San Francisco's 504 Protest Was Different

Most of the protests happening across the country ended that day. However, the story in San Francisco was different. Following the San Francisco rally, nearly 150 people with disabilities streamed into the Health, Education, and Welfare (HEW) Federal Building. They began climbing to the fourth floor where the HEW regional offices were located. Over 120 activists occupied the building, and they refused to leave the federal building until their demands were met, even when threatened with arrest and eviction.

Image Description: Protestors enter the HEW building

Image Credit: The Disability Rights Education and Defense Fund

Government officials attempted to remove the activists from the building by cutting the phone lines and denying them food, water, medicine, and more. But the disabled protestors were more cunning than them, and they were prepared for this. Deaf and CODA (Child of Deaf Adult) protesters used sign language to communicate through the windows of the building to the outside. They worked with allied groups to get food, medicine, blankets, and more.

The disabled protesters worked closely with and received support from a wide range of organizations and individuals, including labor unions, religious groups, and civil rights activists. Groups that supported the 504 protesters included the Black Panther Party, Glide Memorial Church, Gay Men's Butterfly Brigade, Delancey Street, the United Farm Workers, the Gray Panthers, Salvation Army, and more. Because of this, the 504 Sit-in is considered an important moment for cross-movement organizing.

Image Description: Dozens of disabled demonstrators gathered inside the HEW building

Image Credit: AP Images

Image Description: Protesters sitting on the group floor of the HEW building

Image Credit: Getty Images

Brad Lomax and the Black Panthers

One of the 504 Sit-in protest leaders, Brad Lomax, a Black man with multiple sclerosis, was a member of the Black Panthers. He was integral in connecting the disabled activists with the Panthers, who provided them with hot meals and supplies needed to withstand the long Sit-in. Corbett O'Toole, one of the disabled protestors, applauded Brad's work and stated that "the most critical gift given to us by our allies was the Black Panthers' commitment to feed each protester in the building one hot meal every day... Black Panthers saved the 504 sit-in." Disabled leaders of the 504 Sit-in widely acknowledge and credit much of the occupation's success to the Black Panthers.

Image Description: Brad Lomax, center, next to the activist Judy Heumann at a rally in 1977 at Lafayette Square in Washington.

Image Credit: HolLynn D'Lil

Disability Activists Go To D.C.

After the protest had been ongoing for two weeks, a group of activists participating in the Sit-in journeyed to Washington DC to intensify their efforts against Califano. They organized candlelight vigils outside of his residence and attempted to enter his office building by forcefully pushing their wheelchairs against the doors when their request for entry was denied.

While in the capitol, Judy Heumann addressed congressional representatives and reporters:

"I can tell you that every time you raise issues of 'separate but equal,' the outrage of disabled individuals across this country is going to continue. It is going to be ignited. There will be more takeovers of buildings until finally maybe you begin to understand our position. We will no longer allow the government to oppress disabled individuals. We want the law enforced."

Image description: Several protesters, including one in a wheelchair holding a sign reading "Sign 504 Now."] Judy Heumann, holding the sign, and Kitty Cone, right, protested in front of the White House on April 26, 1977.

Image Credit: HolLynn D'Lil

Blog written by Maddie Crowley

Maddie is Disability Rights Florida's Social Media and Content Specialist who writes many of DRF's blog posts. They are a multiply disabled person who cares deeply for disabled issues and believes in the power of advocacy and awareness.

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The longest sit-in in American history belongs to the disability rights movement.

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Disability Rights Laws in Public Primary and Secondary Education: How Do They Relate?

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Disability Rights Laws in Public Primary and Secondary Education: How Do They Relate?

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Sections 501 and 505
EDITOR'S NOTE: The following is the text of Sections 501 and 505 of the Rehabilitation Act of 1973 (Pub. L. 93-112) (Rehab. Act), as amended, as these sections will appear in volume 29 of the United States Code, beginning at section 791. Section 501 prohibits employment discrimination against individuals with disabilities in the federal sector. Section 505 contains provisions governing remedies and attorney's fees under Section 501. Relevant definitions that apply to sections 501 and 505 follow these sections. Section 512 of the Americans with Disabilities Act of 1990 (Pub. L. 101-336) (ADA) and the Rehabilitation Act Amendments of 1992 (Pub. L. 102-569) amended definitions applicable to the Rehab. Act. In addition, section 102 of the Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) (which is printed elsewhere in this publication) amended the statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the ADA, and section 501 of the Rehab Act. The Americans with Disabilities Act Amendments Act of 2008 (Pub. L. 110-325) (ADAAA) further amended the definition of "individual with a disability."
Most recently, the Lilly Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amended Title VII, the Age Discrimination in Employment Act of 1967, the ADA and the Rehab Act to clarify the time frame in which victims of discrimination may challenge and recover for discriminatory compensation decisions or other discriminatory practices affecting compensation.
ADAAA amendments and Lilly Ledbetter Fair Pay Act amendments appear in boldface type. Cross references to the Rehabilitation Act as enacted appear in italics following each section heading. Editor's notes also appear in italics.
DEFINITIONS

For the purposes of this chapter:

* * *

(10) Drug and illegal use of drugs

(A) Drug

The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).

(B) The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act [21 U.S.C. 801 et seq.] or other provisions of Federal law.

* * *

(20) Individual with a disability

(B) Certain programs; limitations on major life activities

Subject to subparagraphs (C), (D), (E), and (F), the term "individual with a disability" means, for purposes of sections 701, 711, and 712 of this title and subchapters II, IV, V, and VII of this chapter [29 U.S.C. §§ 760 et seq., 780 et seq., 790 et seq., and 796 et seq.], any person who has a disability as defined in section 12102 of Title 42.

(C) Rights and advocacy provisions

(i) In general; exclusion of individuals engaging in drug use

For purposes of subchapter V of this chapter [29 U.S.C. § 790 et seq.], the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the basis of such use.

(ii) Exception for individuals no longer engaging in drug use

Nothing in clause (i) shall be construed to exclude as an individual with a disability an individual who--

(I) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;

(II) is participating in a supervised rehabilitation program and is no longer engaging in such use; or

(III) is erroneously regarded as engaging in such use, but is not engaging in such use;

except that it shall not be a violation of this chapter [29 U.S.C. § 701 et seq.] for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subclause (I) or (II) is no longer engaging in the illegal use of drugs.

* * *

(E) Rights provisions; exclusion of individuals on basis of homosexuality or bisexuality For the purposes of sections 791, 793, and 794 of this title--

(i) for purposes of the application of subparagraph (B) to such sections, the term "impairment" does not include homosexuality or bisexuality; and

(ii) therefore the term "individual with a disability" does not include an individual on the basis of homosexuality or bisexuality.

(F) Rights provisions; exclusion of individuals on basis of certain disorders

For the purposes of sections 791, 793, and 794 of this title, the term "individual with a disability" does not include an individual on the basis of--

(i) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(ii) compulsive gambling, kleptomania, or pyromania; or

(iii) psychoactive substance use disorders resulting from current illegal use of drugs.

* * *

EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES

SEC. 791. [Section 501]

(a) Interagency Committee on Employees who are Individuals with Disabilities; establishment; membership; co-chairmen; availability of other Committee resources; purpose and functions

There is established within the Federal Government an Interagency Committee on Employees who are Individuals with Disabilities (hereinafter in this section referred to as the "Committee"), comprised of such members as the President may select, including the following (or their designees whose positions are Executive Level IV or higher): the Chairman of the Equal Employment Opportunity Commission (hereafter in this section referred to as the "Commission"), the Director of the Office of Personnel Management, the Secretary of Veterans Affairs, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services. Either the Director of the Office of Personnel Management and the Chairman of the Commission shall serve as co-chairpersons of the Committee or the Director or Chairman shall serve as the sole chairperson of the Committee, as the Director and Chairman jointly determine, from time to time, to be appropriate. The resources of the President's Committees on Employment of People With Disabilities and on Mental Retardation shall be made fully available to the Committee. It shall be the purpose and function of the Committee (1) to provide a focus for Federal and other employment of individuals with disabilities, and to review, on a periodic basis, in cooperation with the Commission, the adequacy of hiring, placement, and advancement practices with respect to individuals with disabilities, by each department, agency, and instrumentality in the executive branch of Government and the Smithsonian Institution, and to insure that the special needs of such individuals are being met; and (2) to consult with the Commission to assist the Commission to carry out its responsibilities under subsections (b), (c), and (d) of this section. On the basis of such review and consultation, the Committee shall periodically make to the Commission such recommendations for legislative and administrative changes as it deems necessary or desirable. The Commission shall timely transmit to the appropriate committees of Congress any such recommendations.

(b) Federal agencies; affirmative action program plans

Each department, agency, and instrumentality (including the United States Postal Service and the Postal Regulatory Commission) in the executive branch and the Smithsonian Institution shall, within one hundred and eighty days after September 26, 1973, submit to the Commission and to the Committee an affirmative action program plan for the hiring, placement, and advancement of individuals with disabilities in such department, agency, instrumentality, or Institution. Such plan shall include a description of the extent to which and methods whereby the special needs of employees who are individuals with disabilities are being met. Such plan shall be updated annually, and shall be reviewed annually and approved by the Commission, if the Commission determines, after consultation with the Committee, that such plan provides sufficient assurances, procedures and commitments to provide adequate hiring, placement, and advancement opportunities for individuals with disabilities.

(c) State agencies; rehabilitated individuals, employment

The Commission, after consultation with the Committee, shall develop and recommend to the Secretary for referral to the appropriate State agencies, policies and procedures which will facilitate the hiring, placement, and advancement in employment of individuals who have received rehabilitation services under State vocational rehabilitation programs, veterans' programs, or any other program for individuals with disabilities, including the promotion of job opportunities for such individuals. The Secretary shall encourage such State agencies to adopt and implement such policies and procedures.

(d) Report to Congressional committees

The Commission, after consultation with the Committee, shall, on June 30, 1974, and at the end of each subsequent fiscal year, make a complete report to the appropriate committees of the Congress with respect to the practices of and achievements in hiring, placement, and advancement of individuals with disabilities by each department, agency, and instrumentality and the Smithsonian Institution and the effectiveness of the affirmative action programs required by subsection (b) of this section, together with recommendations as to legislation which have been submitted to the Commission under subsection (a) of this section, or other appropriate action to insure the adequacy of such practices. Such report shall also include an evaluation by the Committee of the effectiveness of the activities of the Commission under subsections (b) and (c) of this section.

(e) Federal work experience without pay; non-Federal status

An individual who, as a part of an individualized plan for employment under a State plan approved under this chapter, participates in a program of unpaid work experience in a Federal agency, shall not, by reason thereof, be considered to be a Federal employee or to be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.

(f) Federal agency cooperation; special consideration for positions on President's Committee on Employment of People With Disabilities

(1) The Secretary of Labor and the Secretary of Education are authorized and directed to cooperate with the President's Committee on Employment of People With Disabilities in carrying out its functions.

(2) In selecting personnel to fill all positions on the President's Committee on Employment of People With Disabilities, special consideration shall be given to qualified individuals with disabilities.

(g)Standards used in determining violation of section

The standards used to determine whether this section has been violated in a complaint alleging nonaffirmative action employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections relate to employment.
[42 U.S.C. § 2000e-5 note] (b) REHABILITATION ACT OF 1973.- The amendments made by section 3 [Lilly Ledbetter Fair Pay Act of 2009, PL 111-2, 123 Stat. 5] shall apply to claims of discrimination in compensation brought under sections 501 and 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 794), pursuant to-
(1) sections 501(g) and 504(d) of such Act (29 U.S.C. 791(g), 794(d)), respectively, which adopt the standards applied under title I of the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.] for determining whether a violation has occurred in a complaint alleging employment discrimination; and (2) paragraphs (1) and (2) of section 505(a) of such Act (29 U.S.C. 794a(a)) (as amended by subsection (c)).

REMEDIES AND ATTORNEYS' FEES

SEC. 794a. [Section 505]

(a)(1) The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), including the application of sections 706(f) through 706(k) (42 U.S.C. 2000e-5(f) through (k)) (and the application of section 706(e)(3) (42 U.S.C. 2000e-5(e)(3)) to claims of discrimination in compensation), shall be available, with respect to any complaint under section 791 of this title, to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In fashioning an equitable or affirmative action remedy under such section, a court may take into account the reasonableness of the cost of any necessary work place accommodation, and the availability of alternatives therefore or other appropriate relief in order to achieve an equitable and appropriate remedy.

(2) The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (and in subsection (e)(3) of section 706 of such Act (42 U.S.C. 2000e-5), applied to claims of discrimination in compensation) shall be available to any person aggrieved by any act or failure to act by any recipient of Federal assistance or Federal provider of such assistance under section 794 of this title.

(b) In any action or proceeding to enforce or charge a violation of a provision of this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.

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EDITOR'S NOTE: The following is the text of Sections 501 and 505 of the Rehabilitation Act of 1973 (Pub. L. 93-112) (Rehab. Act), as amended, as these sections will appear in volume 29 of the United States Code, beginning at section 791. Section 501 prohibits employment discrimination against individuals with disabilities in the federal sector.

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IEP vs 504, Accomodations vs modification charts_Page_1

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Information, Guidance and Training on the Americans with Disabilities Act