Chapter 11 Discrimination Under Section 504 and the Americans with Disabilities Act

Abstract

Section 504 of the Rehabilitation Act and the Americans with Disabilities Act prohibit schools from discriminating against otherwise qualified individuals with disabilities because of their impairments. The major difference between the two statutes is that the former applies only to recipients of federal funds, whereas the latter extends protections to those in the private sector. Otherwise qualified individuals with disabilities are those who have physical or mental impairments, which substantially limit one or more of their major life activities, a record of such impairments, or are regarded as having such impairments but who are capable of meeting all of a program's requirements in spite of their disabilities. In this chapter, the authors review the statutes' various requirements as they apply to both students and employees in the school setting. Specifically, using numerous court cases as examples, the chapter outlines the reasonable accommodations schools must provide to extend the benefits of their programs to individuals with disabilities in terms of providing services or employment. Furthermore, the chapter discusses the limitations on the types of accommodations schools must provide when doing so would place an excessive financial or administrative burden on the school board.

Citation

Osborne, A.G. and Russo, C.J. (2011), "Chapter 11 Discrimination Under Section 504 and the Americans with Disabilities Act", Normore, A.H. and Fitch, B.D. (Ed.) Leadership in Education, Corrections and Law Enforcement: A Commitment to Ethics, Equity and Excellence (Advances in Educational Administration, Vol. 12), Emerald Group Publishing Limited, Leeds, pp. 209-227. https://doi.org/10.1108/S1479-3660(2011)0000012014