504+Plans

Section 504 of the Rehab Act was downloaded from the following federal government site: []

The document can be accessed here and 504 begins on page 146. ** Nondiscrimination Under Federal Grants and Programs  **
 * Sec. 504. (a) ** No otherwise qualified individual with a disability in the United States, as defined in section 7(20), 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. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appropriate authorizing committees of Congress, and such regulations may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees.
 * (b) ** For the purposes of this section, the term "program or activity" means all of the operations of -
 * (1)(A) ** a department, agency, special purpose district, or other instrumentality of a State or of a local government; or
 * (B) ** the entity of such a State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;
 * (2)(A) ** a college, university, or other postsecondary institution, or a public system of higher education; or
 * (B) ** a local educational agency (as defined in section 14101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;


 * __ (3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship- __**
 * (i) ** if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or  **(B)** the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any corporation, partnership, private organization, or sole proprietorship; or    **(4)** any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3); any part of which is extended Federal financial assistance.
 * (c) ** Small providers are not required by subsection (a) to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are available. The terms used in this subsection shall be construed with reference to the regulations existing on the date of the enactment of this subsection.
 * (d) ** The standards used to determine whether this section has been violated in a complaint alleging 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.


 * Some helpful information: **

> Title II: State and Local Government (Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. Public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings). > "They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided." > If the employer falls within the state and federal employment umbrella (see above) then..."They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided." > This is usually done through a hearing process to make a determination as to the degree of burden on the employee or agency balanced against possible discrimination by not providing accommodation to the employee. For example: if the employee is insulin dependent, requiring, let's say, Humilin, which requires refrigeration, and works as a school secretary, the school corporation would probably be required to make allowances to allow the secretary to have a minifridge in her office area to access and administer injections with relative ease and privacy (off the cuff example). I know an administrator who had significant foot problems, and was required to wear a certain orthopedic shoe that didn't go with her expected professional attire (suit). Her 504 limited her on her feet time, and made policy exceptions so she could continue as a building Asst. Princ. She also utilized FMLA, which I would recommend to anyone who might have intermittent off work time related to their disability (therapy, surgery, recovery, etc.).
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 * As stated in above link, http://www.ada.gov/cguide.htm published by the U.S. Department of Justice statesTitle I: Employement "Title I __**requires employers with 15 or more employees**__ to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment."