Rehabilitation Act of 1973

Rehabilitation Act (Public Law 93-112, Section 504) is a civil rights law protecting the rights of individuals with disabilities. Section 504 0f the Rehabilitation Act of 1973 continues to prohibit discrimination against qualified people with disabilities in federally funded programs. The law provides that “No otherwise qualified individual with handicaps in the United States… shall, solely by reason of his handicap, 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…”

An “individual with handicaps” is any person who has a physical or mental impairment that substantially limits one or more of that person’s “major life activities,” which consist of “caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.” The U.S. Supreme Court has determined that an “otherwise qualified” handicapped individual is one who is “able to meet all of a program’s requirements in spite of his handicap.” Programs or activities that receive federal funds are required to make reasonable accommodation to permit the participation of otherwise qualified people with disabilities. This includes programs such as vocational programs, education of handicapped children programs, public and private colleges, public and private day care centers, preschool programs, public and private elementary schools, public and private adult programs, or any program or activity receiving federal funds.

Section 504 of the Rehabilitation Act has been used to enforce the right of children with disabilities to be integrated in their school district, to challenge placement decisions, and to assert the right to special education services for children who do not qualify for services under IDEA. Even if a child functions at a level that disqualifies him or her from services under IDEA, his or her right to services may be enforceable under Section 504. This may be important for parents of very high functioning children with cerebral palsy who may somehow not qualify for services under IDEA. Every local education agency is required to have a Section 504 Coordinator to answer questions. As with other legal issues, you should consult a qualified lawyer to explore claims under Section 504. Section 504 permits the recovery of reasonable attorney’s fees if you prevail in your challenge.

The Rehabilitation Act of 1973 was amended to reflect the philosophy and service needs of the 1990's. It makes provisions for training, equipment, and other services that people with disabilities may need in order to work and live independently in their communities. The Rehabilitation Act states that: "Disability is a natural part of human experience and in no way diminishes the right of individuals to: live independently; enjoy self-determination; make choices; contribute to society; pursue meaningful careers; enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society."