Title II and Section 504

Section 504 of the Rehabilitation Act (1973) prohibited recipients of Federal funds to discriminate based on disability.

Title II states that even if an entity does NOT receive federal funding, state and local governments may not discriminate based on disability (this includes school districts.) All students, regardless of disability, have the right to a Free Appropriate Public Education (FAPE.) This also means that organizations cannot “screen out” those with disabilities. One example of this is that businesses cannot require a driver’s license for a customer to pay by check, since this “could constitute discrimination against individuals who are blind or have low vision.” (www.adata.org) This made me laugh….am I allowed to laugh?

“Are miniature horses service animals?”

Short answer: No.

Students with disabilities were historically excluded from the public school classroom, but now, under section 504, students with disabilities must be educated in the least restrictive setting. Children with disabilities must be included with their peers to the fullest extent possible. Removal from the classroom can only occur when education cannot be achieved.

Here is a plain language definition of how Section 504 and Title II affect teachers.

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