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504 Regulations (5) [1975-1977]
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504 Regulations (5) [1975-1977]
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Originally Processed With FOIA(s):
FOIA Number:
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S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
Donated Historical Materials
Collection/Office of Origin:
Frieden, Lex, Collection
Series:
Government Records
Subseries:
Reference Materials
OA/ID Number:
52032
Folder ID Number:
52032-005
Folder Title:
504 Regulations (5) [1975-1977]
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5
2
5
4
A SUMMARY OF 504 REGULATIONS
Thirty-six million Americans are disabled by physical and/or
mental conditions. The Rehabilitation Act of 1973 was passed
to protect the rights of these individuals.
Section 504 of this Act provides:
No otherwise qualified handicapped individual in the
United States shall, solely by reason of his handicap,
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.
It was decided that the Department of Health, Education and
Welfare (HEW) would adopt regulations first, and other Federal
agencies would follow its example. After a monumental struggle,
Joseph Califano, HEW Secretary, finally signed regulations
implementing Section 504 on April 28, 1977.
The regulation is divided into the following subparts:
A) General Provisions B) Employment Practices C) Program
Accessibility D) Pre-School Elementary and Secondary Education
E) Post-Secondary Education F) Health, Welfare and Social
Services G) Enforcement Procedures
All but Subparts D and F directly effect universities and colleges.
Subpart A General Provisions
Essentially, no recipient of or applicant for federal financial
assistance is permitted to discriminate against "qualified
handicapped persons. A handicapped person is
a person who
can prove that he has a mental or physical impairment which
substantially limits one or more of his major life activities
(functions such as caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, learning, and working),
anyone who has a record of such an impairment in his past or
anyone who is regarded as having such an impairment. The definition
includes drug addicts and alcoholics.
Recipients are forbidden directly or indirectly from providing any
aid, benefit or service which is not equal to that afforded
nonhandicapped persons, or is not as effective as that afforded
such persons. The concept or providing "separate but equal"
services is specifically rejected, except as a measure of last
resort. In other works, services must be provided in the
"most integrated setting appropriate" to the handicapped person's
needs. Separate services are not permitted at all "unless such
action is necessary to provide qualified handicapped persons
with aid, benefits or services that are as effective as those
provided to others."
Page 2
Every recipient shall perform a self-evaluation within one year.
This evaluation must be done "with the assistance of interested
persons, including handicapped persons 0% organizations representing
handicapped persons. The purpose of the self-evaluation is to
analyze current policies and practices to see if they conform with
the Act, and to set forth appropriate steps which will be taken
to eliminate any discrimination that is revealed during the
course of the self-evaluation.
Subpart B Employment Practices
The regulations prohibit diserimination against qualified handicapped
persons in any aspect of employment including recruitment, hiring,
rates of promotion, training, fringe benefits and any other term
of employment, including social or recreational programs sponsored
by an employer. In the employment context a qualified handicapped
person is a person who can perform the essential functions of the
job in question with "reasonable accommodations." The types of
accommodation which may be required include making facilities access-
ible.to and usable by handicapped persons and even job restructuring,
provision of readers or interpreters, and modification of equipment
to meet the particular needs of a qualified handicapped person.
The recipients are required to make these "reasonable accomodations"
unless the recipient can demonstrate that accommodation would impose
an "undue hardship" on the operation of its program. Whether
accommodation will impose an "undue hardship" is determined on
a case-by-case basis by looking at the recipient's size, the type
of the recipient's operation, and the nature and the cost of the
accomodation which may be needed.
Subpart C Program /ccessibility
Any facility or part of a facility constructed after the effective
date of the regulations must be readily accessible to handicapped
persons. In addition, any new construction which
is performed
on an existing facility or part of a facility which could affect
the usability of the facility by the handicapped must, to the
maximum extent feasible, be altered in such a way as to make the
facility accessible to handicapped persons.
As to existing facilities, recipents have up to three years to make
facilities accessible. However, within six months of the effective
date of the regulation (June 3, 1977) 2 these recipients have to
develop a transition plan which will analyze their current facilities
and set forth the necessary steps to make the facilities accessible
within three years. In developing the transition plan, once again,
the recipients are mandated to enlist the assistance of interested
persons, "including handicapped persons or organizations representing
handicapped persons." Conformance with ANSI ( American National
Standards Institute) standards will provide compliance.
Page 3
An important qualification is that the accessibility requirement
applies to each program or activity "when viewed in its entirety.
In other words, every building does not have to be accessible as
long as the program as a whole is accessible. What this means in
practice remains to be seen. However, the regulations specifically
reject the "consortia" idea which had been proposed by some
institutions of higher education.
Subpart D Elementary and Secondary Education
The basic requirement is that schools must provide a free appropriate
public education to each qualified handicapped person in its
jurisdiction. In the school context, a "qualified handicapped
person" is any handicapped person who otherwise would be entitled
to attend the school in question. Further, handicapped students
are to be educated with non-handicapped students in the regular
educational environment "to the maximum extent appropriate to the
needs of the handicapped person", unless the school can demonstrate
that the education of the handicapped person cannot be achieved in
the regular environment with the use of supplementary aids and
services.
Subpart E Post-Secondary Education
This covers all aspects of post-secondary or college education
including admission, recruitment, treatment of students, academic
adjustment, housing, financial and employment assistance of students,
and non-academic services. Post-secondary educational institutions
cannot discriminate in their admissions policies against qualified
handicapped persons. Thus, admissions tests may not be used that
have a disproportionate adverse effect on handicapped persons and
must be administered in such a way as to insure that the test
accurately reflects the applicant's aptitude and achievement level,
rather than any sensory, manual or speaking impairment. Pre-admission
inquiries as to whether an applicant is handicapped are barred by
the regulations.
Handicapped persons may not be excluded or in any way denied the
benefits of any of the services provided by a covered post-secondary
institution, including health, insurance, counseling, physical
education, and other extra-curricular activities. Further, modifi-
cations must be made to academic requirements to accommodate the
needs of handicapped persons, such as changing the length of time
for completion of degree requirements, and substituting specific
courses required for the completion of degree requirements.
Auxiliary aids should be available when necessary, including braille
and taped texts, interpreters for classromms, and equipment for
students with manual impairments. The institution may fulfill this
obligation by making sure that students can obtain such aids through
existing resources such as State vocational rehabilitation agencies.
Where no such resources exist, the institution must provide the aid.
However, recipients do not have to provide attendants, individually
prescribed devices, readers for personal use, or other devices of
a personal nature.
Page 4
If an institu tion provides housing to non-handicapped students,
it must provide "comparable, convenient and accessible housing
to handscapped studetns at the same cost as to others."
Financial assistance may not be provided on a discriminatory basis.
An educational institution that assists any agency or person
providing employment opportunities to its studetns has the obligation
of making sure that these employment opportunities do not discriminate
against handicapped students. In its counseling and placement
services, the institution must make certain that qualified handicapped
studetns are not directed toward more restrictive career objectives
than non-handicapped students with similar interests and abilities.
Finally, if the educational institution provides "significant
assistance" to fraternities, sororities or other social organizations,
the institution must make sure that these organizations do not
permit discrimination against handicapped students.
Subpart F Health, Welfare and Social Services
Generally, this subpart says that services may not be denied to
handicapped persons because of their handicap; nor may services
be provided that are not equal to, or as effective as, benefits and
services provided th non-handicapped persons.
Subpart G Enforcement Procedures
At least on an interim basis, the enforcement procedures for
Section 504 are the same as those used to enforce Title VI of the
Civil Rights Act. The enforcement agency is the Office of Civil
Rights (OCR) in HEW. The Regional Addresses of OCR's follows
in the Resource list.
May 6, 1977
-3-
SCHEDULE OF FUTURE EVENTS FOR SECTION
504
COMPLIANCE
The following illustrates significant projects that must be completed
for compliance with section 504, along with their respective deadlines
(based on the June 3, 1977 effective date for final regulations) . These are
each described in greater detail in sections of the analysis that follow.
Resultant Date
Project Required
Deadline
for Completion
Making programs accessible (with the
"within
August 2, 1977
exception of structural modifications
60 days"
that may be required) section 84.22
Making initial notifications regarding
"within
September 1, 1977
the institution's commitment to non-
90 days"
discrimination on the basis of
handicap-section 84.8
Completing a "transition plan" for
"within
December 3, 1977
changes in facilities that are needed
6 months"
to achieve program accessibility
section 84.22
*Completing an "institutional self-
"within
June 3, 1978
evaluation" of the institution's non-
1 year"
discrimination program-section 84.6
Maintaining records of the above
[Records of the self-evaluation, as
institutional self-evaluation
specified, must be maintained for
section 84. 6
3 years from completion.]
Assuring OCR of compliance with the
[To be determined-once the assurance
requirements-section 84.5
form has been :developed by OCR and
made available to institutions a due
date will be known ]
Making facilities accessible
within
June 3, 1980
according to structural modifications
3 years"
included in the transition plan
section 84.22
The institutional self-evaluation need not be submitted to OCR, but it
should be maintained on file for public inspection or provision to OCR if
requested.
IMPORTANT RESOURCES
Section 504 Regulations
Federal Register, May 4, 1977
Region
I
(Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, Vermont):
RKO General Building
Available also from your
Bulfinch Place
Regional Office for Civil Rights
Boston, Massachusetts 02114
(617) 223-6397
Region
II
ANSI Standards
(New Jersey, New York, Puerto Rico,
Virgin Islands):
Architectural Standards of
26 Federal Plaza
Accessibility
New York, New York 10007
(212) 264-4633
American National Standards Institute
Region
1430 Broadway
III (Delaware, D.C., Maryland, Pennsylvania,
Virginia, West Virginia):
New York, N.Y. 10018
Gateway Building
3535 Market Street
Philadelphia, Pennsylvania 19104
NACUBO Special Report 77-6
(215) 596-6772
a discussion of 504 with comments
Region
IV
Alabama, Florida, Georgia, Kentucky,
One Dupont Circle, Suite 510
Mississippi, North Carolina, South Caro-
Washington, D.C. 20036
lina, Tennessee):
50 Seventh Street, N.E.
Atlanta, Georgia 30323
Architectural Accessibility for the
(404) 526-3312
Disabled of College Campuses
Region
V (Illinois, Indiana, Minnesota, Michigan,
by Al DeGraf and Stephen Cutler
Ohio, Wisconsin):
300 S. Wacker Drive
Provides essential architectural
Chicago, Illinois 60606
information Individual copies free
(312) 353-7742
Al DeGraf, Boston University
Region
VI (Arkansas, Louisiana, New Mexico, Okla-
George Sherman Union
homa. Texas):
775 Commonwealth Avenue
1200 Main Tower Building
Boston, Ma 02215
Dallas, Texas 75202
(214)729-3951
The College Guide for Students
with Disabilities
Region
VII
(lowa, Kansas, Missouri, Nebraska):
A directory of educational facilities
Twelve Grand Building
1150 Grand Avenue
and services for college bound
Kansas City, Missouri 64106
disabled students.
(816) 374-2474
Abt Associates, Inc.
$12 for disabled
Region
VIII
(Colorado, Montana, North Dakota, South
55 Wheeler St
individuals
Dakota, Utah, Wyoming):
Federal Building
Cambridge, Ma
$20. others
1961 Stout Street
Denver, Colorado 80202
American Coalition for Citizens
(303) 837-2025
with Disablilities
Region
IX
(Arizona, California, Hawaii, Nevada):
Phelan Building
a nationwide coalition working for
760 Market Street
the civil rights of the disabled
San Francisco, California 94102
Room 817, 1346 Connecticut Ave. NW
(415) 556-8586
Region
X
Washington, D. C. 20036
(Alaska, Idaho, Oregon, Washington):
Arcade Plaza Building
1321 Second Avenue
National Disabled Students Organization
Seattle Washington 98101
(206) 442-0473
contact Andrea Schein, Meg Kocher
U.S. DEPARTMENT OF
Disabled Students Center
HEALTH, EDUCATION, AND WELFARE
U. .Mass/Boston
Office for Civil Rights
Boston, Mass 02125
Washington, D.C. 20201-(202) 245-6700
(617) 287-1900 X 2922
In September 1973, Congress passed a law that prohibits discrimina-
tion on the basis of physical or mental handicap in every federally
assisted program or activity in the country. That law is Section 504
of the Rehabilitation Act.
Section 504 states that: "No otherwise qualified handicapped
individual in the United States
shall, solely by reason of his
handicap, 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."
In April 1977, a final Section 504 regulation was issued for all
recipients of funds from HEW, including elementary and secondary schools,
colleges, hospitals, social service agencies, and in some instances,
doctors. The Section 504 regulation will effect fundamental changes in
many facets of American life, in the actions and attitudes of institutions
and individuals toward handicapped persons.
The term handicap includes such diseases or conditions as speech,
hearing, visual and orthopedic impairments, cerebral palsy, epilepsy,
muscular dystrophy, multiple sclerosis, cancer, diabetes, heart disease,
mental retardation, emotional illness, and specific learning disabilities
such as perceptual handicaps, dyslexia, minimali brain dysfunction and
developmental aphasia.
In accordance with a formal opinion of the Attorney General of the
United States, alcohol and drug addicts are also considered handicapped
individuals. Physical or mental impairments do not constitute a handicap,
however, unless they are severe enough to substantially limit one or more
of the major life functions.
- 2 -
PROGRAM ACCESSIBILITY
The regulation provides that programs must be accessible to handi-
capped persons. It does not require that every building or part of
a building must be accessible but the program as a whole must be
accessible. Structural changes to make the program accessible must be
made only if alternatives, such as reassignment of classes or home
visits, are not possible. The intent is to make all benefits or services
available to handicapped persons as soon as possible. Institutions
are given three years to complete structural changes to their physical
plants; nonstructural changes must be made in 60 days.
In meeting the objective of program accessibility, a recipient
must take care not to isolate or concentrate handicapped persons in
ctings away from nonhandicapped program participants.
All buildings for which site clearance has begun after June 3,
1977, must be designed and constructed to be accessible to handicapped
persons from the start. The design standards of the American National
Standards Institute (ANSI) can be used to determine minimal require-
ments for accessibility.
PRESCHOOL, ELEMENTARY AND SECONDARY, AND ADULT EDUCATION
The basic requirements are:
--That no handicapped child can be excluded from a public educa-
tion because of disability; this requirement is effective immediately.
--That every handicapped child is entitled to a free appropriate
education, regardless of the nature or severity of handicap; complete
compliance with this requirement must be achieved by September 1, 1978.
--That handicapped students must not be segregated in public schools
but must be educated with nonhandicapped students to the maximum extent
appropriate to their needs.
- 3 -
--That evaluation procedures be improved in order to avoid the
inappropriate education that results from misclassification.
--That procedural safeguards be established SO parents and guar-
dians can object to evaluation and placement decisions made with respect
to their children.
--That state or local educational agencies locate and identify
unserved handicapped children.
An appropriate education can be afforded by many different methods,
including use of regular classes with or without aids, depending on
need; in private or public homes or institutions, or through combina-
tions of such methods SO long as handicapped and nonhandicapped
students are educated together to the maximum extent possible. The
result should be to provide the education program best suited to the
individual needs of handicapped people.
It should be emphasized that where a handicapped student is SO
disruptive that education of other students in the classroom is impai red,
the student can be, reassigned. A common sense rule of reason applies
in such cases.
The regulation provides that school systems bear special responsi- -
bilities, in some instances, for transportation of handicapped people to
and from education programs. Where placement in a public or private
residential program is necessary, the school district has responsibility
for the costs of the program, nonmedical care, room and board, and
transportation.
- 4 -
POSTSECONDARY EDUCATION
In colleges and other postsecondary institutions, recruitment,
admissions, and the treatment of students must be free of discrimination.
Quotas for admission of handicapped persons are ruled out, as are
preadmission inquiries as to whether an applicant is handicapped.
However, voluntary postadmission inquiries may be made in advance of
enrollment concerning handicapping conditions to enable an institution
to provide necessary services.
Higher education institutions must assure accessibility of programs
and activities to handicapped students and employees. Architectural
barriers must be removed where the program is not made accessible by
other means. A university, however, is not expected to make all its
classroom buildings accessible in order to comply with program accessi-
)
bility standards. It may have to undertake some alterations, or it may
reschedule classes to accessible buildings, or take other steps to open
the program to handicapped students. Handicapped persons should have
the same options available to others in selecting courses.
Other obligations of the institutions include:
--Tests which a college or university uses or relies upon, including
standardized admissions tests, must not discriminate against handicapped
persons. Tests must be selected and administered SO that the test results
of students with impaired sensory, manual or speaking skills are not
distorted unfairly but measure the student's aptitude or achievement
level, and not his or her disability.
--Students with impaired sensory, manual or speaking skills, must
be provided auxiliary aids although this may often be done by informing
them of resources provided by the government or charitable organizations.
- 5 -
-Colleges and universities must also make reasonable modifications
in academic requirements, where necessary, to ensure full educational
opportunity for handicapped students. Such modifications may include the
extension of time for completing degree requirements, adaptation of the
manner in which specific courses are conducted, and elimination of rules
prohibiting handicapped persons from having tape recorders in class or
dog. guides on campus.
--Physical education must be provided in a nondiscriminatory manner
and handicapped students cannot be unnecessarily segregated in physical
education classes.
--Infirmary services must be provided handicapped students on a par
with those offered others.
HEALTH, WELFARE AND SOCIAL SERVICES
The provisions for accessibility and reasonable accommodation that
apply to other programs also apply to health, welfare, and social service
institutions. Benefits and services may not be denied on the basis of
handicap.
Providers of these services may find it necessary to remove barriers,
make house calls, or meet handicapped people in offices that are accessi-
ble: Institutions with 15 or more employees must also provide auxiliary
aids to their clients. Further, health and welfare providers must ensure
that persons with impaired sensory or speaking skills are provided effec-
tive notice concerning the provision of benefits, waivers of rights and
consent to treatment. Hospitals must make special arrangements for
handling deaf patients.
Health, welfare and social services for handicapped people must be
equal in quality to those in the institution's overall program, and
equitable standards of eligiblity are required.
- 6 -
GENERAL EMPLOYMENT PROVISIONS
Employers may not refuse to hire or promote handicapped persons solely
because of their disability. Reasonable accommodation may also have to be
made to the person's handicap, where needed.
For employees as well as students or patients, accessibility is a
primary necessity. Examples of reasonable accomodations might include a
cassette recorder for a blind employee, changes in the physical location
of the task to be performed, or similar actions. Under certain circumstances,
an employer might find it necessary to make more extensive changes. The
size and type of employing agency and the cost involved are considerations
in determining undue hardship.
Failure to employ or promote an employee who is unqualified or who
cannot be helped by reasonable accomodation is not discrimination.
However, an employer may not reject an applicant simply because reasonable
accomodation is necessary.
Pre-employment physical examinations cannot be required and pre-
employment inquiry cannot be made about a person's handicapping condition
although employers may ask about an applicant's ability to perform job-
related functions. Employers may make an offer of employment conditional
on a medical examination as long as the examination is required of all
employees and no one is disqualified on the basis of a physical condition
that is not job-related.
ADDICTION
As noted earlier, drug and alcohol addiction are covered under the
Section 504 regulation. The regulation, however, protects rights of
"qualified" handicapped people and this term implies limitations on what
is expected of employers or institutions providing services. In regard
to addiction, an employer is not required to change performance
- 7 -
or behavioral standards regarding past work performance, or disruptive,
abusive or dangerous behavior, even if these actions stem from a
person's alcoholism or drug addiction.
Nothing in the regulation prohibits a school from applying its
rules concerning use of drugs and alcohol to students with addiction
problems just as it would to other students, as long as the rules apply
equally to all students. Schools or colleges, like other employers,
may apply their standards of employment performance to alcohol and
drug problems as they would apply them in any other case.
IMPORTANT DATES FOR SECTION 504 COMPLIANCE
April 28, 1977
Final regulation signed by HEW Secretary
Joseph A. Califano, Jr.
May 4, 1977
Final regulation published in the Federal
Register.
June 3, 1977
Regulation in effect.
July 5, 1977-
Deadline for return of Assurance of
Compliance (Form HEW 641) from all
institutions receiving financial
assistance from HEW.
August 2, 1977
Deadline for programs or activities in
existing facilities to be made accessible
(where structural changes are not required)
See paragraph 84.22(d) in regulation.
September 2, 1977
HEW fund recipients that employ 15 or
more employees shall, by this date, make
initial notification that they do not
discriminate on the basis of handicap in
accordance with paragraph 84.8 (a) of the
regulation.
- 8 -
December 2, 1977
In the event that structural changes in
existing facilities are necessary to
make programs accessible, recipients
of HEW funds shall, by this date, develop
a transition plan outlining the steps
needed to complete these changes. A
copy of the transition plan would be made
available for public inspection. See
paragraph 84.22(e) of the regulation.
June 2, 1978
Deadline for HEW recipients to complete
a self evaluation process in consulta-
tion with handicapped individuals and
organizations. See paragraph 84.6 (c)
of the regulation.
September 1, 1978
Deadline for public elementary and
secondary schools to provide to each
qualified handicapped student a free
appropriate education in accordance
with paragraph 84.1 33 (d) of the final
regulation.
June 2, 1980
Deadline for structural changes to be
made in existing facilities where
necessary to achieve program accessi-
bility.
HOW TO FILE A COMPLAINT OF DISCRIMINATION
Any person who has a complaint that discrimination on the basis of
physical or mental handicap exists in any program funded by HEW may notify
the Office for Civil Rights. A complaint should be filed by letter to the
regional office that serves the state in which the discrimination occurred.
(See list with addresses).
Letters of complaint should explain who was discriminated against;
in what way; by whom or what institution; when the discrimination took
place; who was harmed; who can be contacted for further information; the
name, address, and telephone number of the complainant; and as much
background information as possible. These are suggestions, not requirements.
However, the Office for Civil Rights can respond more efficiently if it
is well-informed. Citizens may also ask the regional offices for help
in writing a complaint.
HEW REGIONAL OFFICES
FOR CIVIL RIGHTS
Region
I
(Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, Vermont):
14th Floor
140 Federal Street
Boston, Massachusetts 02110
(617) 223.6397
Region
II
(New Jersey, New York, Puerto Rico, Virgin
Islands):
26 Federal Plaza
New York, New York 10007
(212) 264-4633
Region
III (Delaware, D.C., Maryland, Pennslyvania,
Virginia, West Virginia):
Gateway Building
3535 Market Street
Post Office Box 13716
Philadelphia, Pennsylvania 19101
(215) 596-6772
Region IV
(Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina,
Tennessee):
680 W. Peachtree Street, N.W.
Atlanta, Georgia 30308
(404) 881-3312
Region
V
(Illinois, Indiana, Minnesota, Michigan, Ohio,
Wisconsin):
300 South Wacker Drive
Chicago, Illinois 60606
(312) 353-2521
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma,
Texas):
1200 Main Tower Building
Dallas, Texas 75202
(214) 655-3951
Region VII
(lowa, Kansas, Missouri, Nebraska):
Twelve Grand Building
1150 Grand Avenue
Kansas City, Missouri 64106
(816) 374-2474
Region VIII
(Colorado, Montana, North Dakota, South
Dakota, Utah, Wyoming):
Federal Building
1961 Stout Street
Denver, Colorado 80294
(303) 837-2025
Region
IX (Arizona, California, Hawaii, Nevada):
14th Floor
100 Van Ness Avenue
San Francisco, California 94102
(415) 556-8586
Region
X
(Alaska, Idaho, Oregon, Washington):
Arcade Plaza Building MS 508
1321 Second Avenue
Seattle, Washington 98101
(206) 442-0473
district alleging that she had been discrimi-