Section 504 - Rehab Act

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Page last updated: 05/26/04

Section 504 of the Rehabilitation Act of 1973 states that:

"No otherwise qualified handicapped individual in the United States...shall, solely by reason of...handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." as amended (29 U.S.C. Section 794)

After the passage of the ADA the Department of Justice issued "coordination regulations" to Section 504 of the Rehabilitation Act

A public entity shall administer services, program, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. 8 C.F.R. § 41.51(d).

These coordinating regulations make the "integration mandate" of Section 504 virtually identical to the ADA Title II "integration mandate." Meaning that unjustified segregation by a Federally funded program would also constitute disability discrimination under Section 504; and a State program receiving Federal funds must comply with both Section 504 and Title II of the ADA.