504, ADA, AND YOU
LEGAL RIGHTS AFTER PUBLIC SCHOOL GRADUATION UNDER
SECTION 504 AND THE
AMERICANS WITH DISABILITIES ACT
Julie J. Weatherly, Esq.
The Weatherly Law Firm
3414 Peachtree Road, N.E.
Suite 450
Atlanta, Georgia 30326
When a student with a disability graduates from public school, the right to be free from discrimination does not end. Although rights under the Individuals with Disabilities Education Act (“IDEA”) cease upon graduation from public school, there are rights that will continue under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“Section 504”) and the Americans with Disabilities Act, 42 U.S.C. § 12101 et sea. (“ADA”). Although the rights under Section 504 and the ADA are not as extensive as those afforded under the IDEA, they are significant.
In general, the anti-discrimination provisions of Section 504 and the ADA are the same for purposes of access to public and private programs to which a student with a disability may transition after public school. Essentially, Section 504 provides, in pertinent part, that:
No otherwise qualified individual with a disability in the United States. .. shall, solely by reason of his or her 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..
29 U. S.C. § 794(a). The ADA contains similar provisions, but applies more broadly to “public accommodations,” including postsecondary graduate programs and other public services, even if the program does not receive federal financial assistance. 42 U.S.C. § 12181.
Under Section 504 and the ADA, it is important to determine who is an “otherwise qualified” individual with a disability. According to the Section 504 regulations and with respect to postsecondary and vocational education services, this is an individual “who meets the academic and technical standards requisite to admission or participation in the [federal fund] recipient’s education program or activity.” 34 C.F.R. § 104.3(k)(3). In the Supreme Court case of Southeastern Community College v. Davis, 442 U.S. 397 (1979), it was decided that an “otherwise qualified” individual with a disability is someone who is qualified, in spite of a disability, to be admitted to and participate in a program when provided with “reasonable accommodations.”
Under 504 and the ADA, “reasonable accommodations” are required for individuals with disabilities so that they can participate in or benefit from programs and activities covered by the laws. However, substantial alterations in a particular program or changes that would be substantially burdensome or costly to a program in order to accommodate a student with a disability are not required.