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Section 504, the ADA, and Public Schools By: Tom E.C. Smith Section 504 and the ADA Selection 504 of the Rehabilitation Act of1973 and the Americans with Disabilities Act (ADA) of 1990 are major federal legislative acts that are designed to protect the civil rights of individuals with disabilities. The intent of these two laws is to prevent any form of discrimination against individuals with disabilities who are otherwise qualified.
Section 504 applies to entities that receive federal funds, and the ADA applies to virtually every entity except churches and private clubs. Section 504 and the ADA are beginning to have a major impact on public schools across the United States. Originally, Section 504, which was part of the broader 1973 Rehabilitation Act, was rarely addressed by school personnel to ensure equal educational opportunities. Public Law 94-142, the Education for All Handicapped Children Act, passed in 1975, was the federal legislation that initially resulted in major changes in the way schools served children with disabilities. This law, now called the Individuals with Disabilities Education Act (IDEA), was accompanied by federal funds, was the focal point of schools in serving children with disabilities, and Section 504 and the ADA, which provided no funding, were often considered less important for schools.
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Recently, the role played by Section 504 and the ADA in schools has increased substantially; no longer are schools able to ignore these two acts. As parents and other advocates for children with disabilities learn more about Section 504 and the ADA, schools are needing to respond to requests for protections and services under these laws. There are several reasons Section 504 and the ADA have become more prominent in public schools, but the primary reason is that Section 504 and the ADA use a different definition of disability and a different approach to eligibility than does the IDEA, resulting in many children who are not eligible under IDEA being protected by Section 504 and the ADA. Regardless of the specific reason for the increase in attention to Section 504 and the ADA, more and more parents are beginning to request services and protections under these two acts. Sherlock Holmes Season 3 Episode 1 720p Download here.