Section 504 of the Rehabilitation Act

Section 504 is a federal civil rights law that prohibits discrimination against disabled people by any program or activity receiving federal funding. Enacted in 1973, it was the first major federal law protecting disabled people’s civil rights and remains foundational to disability rights today.

2024 Update: The New HHS Section 504 Rule

In May 2024, the U.S. Department of Health and Human Services (HHS) finalized the first major update to its Section 504 regulations since 1977. It applies to health and human-services programs that receive federal funding (hospitals, clinics, state health/Medicaid agencies, etc.).

Key new protections:

Medical treatment: Providers cannot deny or limit care based on biased assumptions about a disabled person’s quality or value of life.
Value-assessment tools: Bans the use of measures (like the “quality-adjusted life year,” QALY) that devalue life extension for disabled people when deciding coverage.
Websites & mobile apps: Must meet WCAG 2.1 Level AA by May 11, 2026 (recipients with 15+ employees) or May 10, 2027 (fewer than 15).
Accessible medical equipment: by July 8, 2026, covered providers that use diagnostic equipment such as exam tables and weight scales must have at least one accessible unit of each type in use (other scoping requirements began July 8, 2024) — not every piece of equipment all at once.
Community integration (Olmstead): Reinforces the right to receive services in the most integrated setting rather than being unnecessarily institutionalized.

Where to complain: the HHS Office for Civil Rights (OCR), generally within 180 days of the discrimination.

Note on damages: You can sue to enforce Section 504 in federal court, but the Supreme Court’s 2022 decision in Cummings v. Premier Rehab Keller held that emotional-distress damages are not available under Section 504. Available remedies include injunctive relief, policy changes, and (in some cases) other compensatory damages and attorney’s fees.

Sources: https://www.federalregister.gov/documents/2024/05/09/2024-09237/ ; https://www.supremecourt.gov/opinions/21pdf/20-219_1b8e.pdf

What Section 504 Does

The Core Prohibition

Section 504 states:

“No otherwise qualified individual with a disability in the United States… 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.”

Who It Covers

Protected individuals: Any person with a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

Major life activities include: Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working—and the operation of major bodily functions.

Who Must Comply

Any program or activity receiving federal financial assistance, including:

Public schools (K-12 and higher education)
Public and most private colleges and universities
Hospitals and healthcare providers receiving Medicare or Medicaid
State and local government programs
Public libraries, museums, and recreation programs
Housing programs receiving federal funds
Public transportation systems receiving federal funds
Employers receiving federal funds or contracts

Note: The threshold for “receiving federal financial assistance” is broad. Most public entities and many private organizations receive some federal funding.

Section 504 in Education

K-12 Education

Section 504 requires schools to provide a “free appropriate public education” (FAPE) to students with disabilities in the least restrictive environment.

Key differences from IDEA:

Section 504 has broader eligibility (any disability substantially limiting a major life activity)
IDEA requires specific learning disabilities or categories
Section 504 provides accommodations; IDEA provides specialized instruction
Section 504 has fewer procedural requirements

When 504 applies instead of IDEA: A student might qualify for a 504 plan but not an IEP when they:

Have a disability that affects learning but doesn’t require specialized instruction
Have ADHD, chronic illness, or other conditions not always covered by IDEA
Need accommodations but not modified curriculum

Examples of 504 accommodations:

Extended time on tests
Preferential seating
Use of assistive technology
Modified assignments
Access to elevator
Rest breaks
Medication administration
Allergy management

The 504 Plan Process

Referral: Anyone can refer a student for 504 evaluation—parent, teacher, student, counselor.

Evaluation: School must evaluate at no cost to family. Evaluation should be comprehensive and use multiple sources.

Eligibility meeting: Team (including parent) determines whether student has a disability substantially limiting a major life activity.

504 plan development: If eligible, team develops plan specifying accommodations.

Implementation: Teachers and staff must implement accommodations.

Annual review: Plans should be reviewed at least annually, or when student changes schools or circumstances change.

504 Rights for Students and Families

You have the right to:

Request evaluation at any time
Participate in meetings
Receive written notice before changes to evaluation or placement
Examine relevant records
Receive information in your native language
Have an impartial hearing if you disagree with decisions
File a complaint with the Office for Civil Rights

If your child is denied 504 services:

Request written explanation of denial
Ask what additional information would be needed
Request a meeting to discuss
File for impartial hearing
File OCR complaint

Higher Education

Section 504 requires colleges and universities to:

Not discriminate in admissions
Provide academic adjustments and accommodations
Ensure programs are accessible
Provide auxiliary aids and services

Student responsibilities in higher education: Unlike K-12, college students must:

Self-identify as having a disability
Provide documentation
Request specific accommodations
Work with disability services office

What colleges must provide:

Extended time on exams
Note-taking services
Sign language interpreters
Accessible formats for materials
Modified course requirements when essential elements aren’t affected
Housing accommodations

What colleges aren’t required to provide:

Personal attendants
Individually prescribed devices (wheelchairs, hearing aids)
Readers for personal use
Fundamental alterations to programs

Section 504 in Employment

Coverage

Section 504 covers employers who:

Receive federal financial assistance
Are federal contractors with contracts over $20,000 (this is the Section 503 contractor rule — enforced by the Labor Department’s OFCCP, and distinct from Section 504)

Note: Most employment discrimination is covered by the ADA (Title I), which doesn’t require federal funding connection.

Employer Obligations

Employers covered by Section 504 must:

Not discriminate in hiring, promotion, or termination
Provide reasonable accommodations
Make application processes accessible
Not use tests that screen out disabled people unless job-related
Keep medical information confidential

Reasonable Accommodation

Employers must provide accommodations that enable qualified disabled people to perform essential job functions, unless this causes “undue hardship.”

Examples:

Modified work schedules
Accessible equipment
Job restructuring
Reassignment
Modified policies

Section 504 in Healthcare

Healthcare Provider Obligations

Hospitals, clinics, and healthcare providers receiving Medicare or Medicaid must:

Provide effective communication (interpreters, accessible formats)
Not deny services based on disability
Make facilities physically accessible
Not have policies that discriminate

Common Healthcare Issues

Communication access:

Deaf patients must receive qualified interpreters
Blind patients must receive information in accessible formats
Patients with cognitive disabilities need understandable information

Physical access:

Exam rooms and equipment must be accessible
Providers must accommodate mobility devices
Cannot require patients to transfer from wheelchairs if not medically necessary

Treatment decisions:

Cannot deny treatment based on assumptions about quality of life
Cannot require family members to provide care
Must provide same services to disabled patients

Section 504 in Housing

Public Housing and HUD Programs

Housing programs receiving federal funding must:

Not discriminate in tenant selection
Provide reasonable accommodations
Make reasonable modifications
Ensure accessibility of units and common areas

Note: Most housing discrimination is covered by the Fair Housing Act, which has broader coverage.

Reasonable Accommodations in Housing

Housing providers must make reasonable accommodations in rules, policies, or services, such as:

Allowing service animals despite “no pets” policies
Providing accessible parking
Allowing early lease termination if needed for disability reasons
Modifying inspection procedures

Enforcement

Filing a Complaint

Office for Civil Rights (OCR): For education complaints (K-12 and higher education):

File within 180 days of discrimination
Can file online, by mail, or email
OCR investigates and can require corrective action

Department of Justice: For non-education programs receiving federal funds.

Agency that provides funding: Many federal agencies have their own 504 complaint processes.

Internal Grievances

Recipients of federal funds must have grievance procedures. Start with the internal process, but you can also file with OCR or other agencies.

Private Lawsuits

You can sue Section 504 violators in federal court. You may be able to recover:

Injunctive relief (requiring changes)
Compensatory damages
Attorney’s fees

Retaliation Protection

It’s illegal to retaliate against anyone for filing a complaint, testifying, or otherwise participating in Section 504 enforcement.

Relationship to Other Laws

Section 504 vs. ADA

Both laws prohibit disability discrimination, but:

Section 504:

Only applies to programs receiving federal funds
Enacted 1973
Enforced by federal agencies

ADA:

Applies to employers, public accommodations, state/local government regardless of federal funding
Enacted 1990
Broader coverage in employment and public accommodations

When both apply: Many entities are covered by both Section 504 and the ADA. You can use whichever provides better protection for your situation.

Section 504 vs. IDEA

In education:

IDEA:

Requires specific categories of disability
Provides individualized education program (IEP)
Includes specialized instruction
More procedural protections

Section 504:

Broader eligibility
Provides accommodations
Less procedural requirements
Can be faster to implement

A student can have both: Some students qualify for IDEA (IEP) and also have 504 protections.

Section 504 vs. Fair Housing Act

In housing:

Fair Housing Act:

Covers all housing (not just federally funded)
Provides broader coverage for most housing situations

Section 504:

Applies to federally funded housing programs
May have different remedies

Practical Guidance

For Students and Families (K-12)

If you think your child needs a 504 plan:

Put request in writing to school principal or 504 coordinator
Keep a copy of your request
School must respond—they can’t ignore requests
If denied, ask for written explanation
Know your appeal rights

If you have a 504 plan but it’s not working:

Request a meeting to review and revise
Document specific problems
Propose specific solutions
If school won’t fix problems, file grievance or OCR complaint

For College Students

Before you arrive:

Contact disability services office
Provide documentation
Discuss needed accommodations
Understand the process for each semester

If you’re denied accommodations:

Ask for written explanation
Appeal through disability services
Contact campus grievance office
File OCR complaint if needed

For Employees

If you need accommodations:

Inform employer you have a disability and need accommodation
Suggest specific accommodations
Engage in interactive process
Document all conversations

If you face discrimination:

Document incidents
Use internal grievance process
Contact relevant federal agency
Consult disability rights attorney

History and Impact

Origins

Section 504 was part of the Rehabilitation Act of 1973, primarily a vocational rehabilitation law. The civil rights provision was added with little debate—some legislators may not have understood its implications.

The Fight for Regulations (1977)

For four years after the law passed, no regulations were issued. In 1977, disabled activists occupied the HEW building in San Francisco for 25 days—the longest sit-in at a federal building in US history—forcing the signing of regulations.

Legacy

Section 504 established key principles later expanded by the ADA:

Disability discrimination as civil rights issue
Concept of reasonable accommodation
Accessibility requirements
Protection in federally funded programs

It remains important law, especially in education where it provides protections beyond IDEA.

Resources

Government Resources

Office for Civil Rights - File complaints, find guidance
Section 504 regulations
Your state’s protection and advocacy agency

Advocacy Organizations

Disability Rights Education and Defense Fund
National Center for Learning Disabilities (504 Plan resources)
PACER Center (parent advocacy)

Information and Guides

Understood.org (504 plan information for families)
Wrightslaw (education law information)

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