Equity in Education Legal Database v0.1
 

Related Court Cases

Brookhart v. Illinois State Board of Education (1983)

PARC v. Commonwealth (1972)

School Board of Nassau County v. Arline (1987) & Robertson v. Granite City Community Unit School District (1988)

Sandison v. Michigan High School Athletic Association

  

Rehabilitation Act of 1973
(Section 504)

Details:

Section 504 of he Rehabilitation Act of 1973 prohibits exclusion from participation, denial of benefits, or discrimination in any program or activity receiving federal funding of any person who aside from their handicap is otherwise qualified. This includes not only students, but also employees of public schools and any person with a disability. The test for whether a person has a disability is whether their impairment interferes with their major life activities. The RHA largely parallels the IDEA, but is somewhat less detailed regarding education.

 

Applications and Implications:

  • Because Section 504 refers to programs or activities receiving federal funding, private schools (or any educational facility) receiving federal funds are also bound by this law.
  • While the Equal Protection Clause can only be invoked by parents or students who are directly affected filing a lawsuit, the RHA can be enforced by the attorney general, any federal agency that awards federal funds, or through individual lawsuit.
  • Successful complainants may be entitled to attorney fee compensation.

 
Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 256-257, 262.
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