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Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat. 394 (Sept. 26, 1973), codified at et seq., is American legislation that guarantees certain rights to people with disabilities. It was the first U.S. federal civil rights protection for people with disabilities.〔(【引用サイトリンク】title=Short History of the 504 Sit in )〕 Because it was successfully implemented over the next several years, it helped to pave the way for the Virginians with Disabilities Act in 1985 and the 1990 Americans with Disabilities Act. Section 504 states (in part): No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, 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 or under any program or activity conducted by any Executive agency or by the United States Postal Service. Codified as (29 U.S.C. 794 ). As amended in 1974,Section 111, Pub L. 93-516, 88 Stat. 1619 (Dec. 7, 1974), ''Individuals with Disabilities'' are:
where
However, "For purposes of employment", ''Qualified Individuals with Disabilities'' must also meet "normal and essential eligibility requirements", such that:
where
That is, ''Qualified Individuals with Disabilities'' must be able to perform the job duties associated with the job for which they would be hired. The USA Department of Labor also indicates that "Small Providers" do not have to make "''significant'' structural alterations to their existing facilities" to accommodate the individual with the disability.〔(【引用サイトリンク】title=OASAM )〕 "The ADA (Americans With Disabilities Act) was passed in 1990, and seems to pick up where the Rehabilitation Act left off. Borrowing from the §504 definition of disabled person, and using the familiar three-pronged approach to eligibility (has a physical or mental impairment, a record of an impairment, or is regarded as having an impairment), the ADA applied those standards to most private sector businesses, and sought to eliminate barriers to disabled access in buildings, transportation, and communication. To a large degree, the passage of the ADA supplants the employment provisions of §504, reinforces the accessibility requirements of §504 with more specific regulations".〔(David M. Richards, Attorney at Law - Richards Lindsay & Martin, L.LP. )〕 The broad reach of Section 504 is implied in the statutory language above. Section 504 covers "any program or activity receiving Federal financial assistance". Federal funds underwrite airports all over the country - it is no accident that airports were among the first American facilities to become fully accessible. Federal funds also flow to some 3,000 colleges and universities nationwide, typically in the form of grants and cooperative agreements, but also through financial assistance for students. Colleges, universities, and community colleges became accessible in the late 1970s and early to mid 1980s because of Section 504. Public libraries in many thousands of communities receive federal financial assistance, directly or indirectly. These, too, became accessible within just a few years of the implementation of section 504. The law also pertains to any "local educational agency (as defined in section 8801 of Title 20), system of vocational education, or other school system".〔 As applied to K-12 schools, "the language broadly prohibits the denial of public education participation, or enjoyment of the benefits offered by public school programs because of a child’s disability."〔 Because another law, the Individuals with Disabilities Education Act (IDEA), also applies to K-12 schools, people sometimes mistakenly assume that, with IDEA, the Rehabilitation Act is superfluous. In fact, however, IDEA only protects a subset of children and youth who have disabilities—those who satisfy its definition for "child with a disability".〔Title 34—Education § 300.8 "Child with a disability means a child . . . having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as ‘‘emotional disturbance’’), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services."〕 Many young people with disabilities do not meet that definition. However, many are protected by Section 504. In addition, Section 504 can be valuable in providing rights to students for issues outside of the school day such as extracurricular activities, sports, and after school care. That is because Section 504 prohibits discrimination on the basis of disability. For example, were a basketball coach to cut a student with a disability from the team simply because he did not want to be bothered by having a player on the team who has a disability, Section 504 is what would offer the student protection against such unjust treatment. Schools comply with Section 504 with the following process: Identify students with disabilities; evaluate those students; if the student is eligible, create a written accommodation plan, often called a "504 Plan". It is similar to, but often shorter than, the IDEA Individualized Education Program (IEP). Parents, teachers, and school staff are a part of the process. Parents have due process rights; where they disagree with the determinations of the school, they have a right to an impartial hearing. Violations of Section 504 in the educational environment can be addressed locally with the education agency or with the (Office for Civil Rights ) (OCR) of the U.S. Department of Education. Violations of Section 504 can result in a loss of the federal funding. According to the Department〔(【引用サイトリンク】title=Protecting Students With Disabilities )〕 individuals may also enjoy a private right of action for violations of Sec. 504. Thus, Section 504 is enforced by OCR. IDEA, by contrast, is carried out by another unit of the Department - the Office of Special Education Programs (OSEP). == History == Section 504 was the last sentence in the 1973 Act. However, initially Joseph Califano, U.S. Secretary of Health, Education and Welfare, refused to sign meaningful regulations for Section 504. After an ultimatum and deadline, demonstrations took place in ten U.S. cities on April 5, 1977. The sit-in at the San Francisco Office of the U.S. Department of Health, Education and Welfare, led by Judith Heumann and organized by Kitty Cone, lasted until May 4, 1977, a total of 28 days. More than 150 demonstrators refused to disband. This action is the longest sit-in at a federal building to date. Joseph Califano signed the regulations on April 28, 1977.〔(【引用サイトリンク】title=The Regents of the University of California. 2008. "The Disability Rights and Independent Living Movement." Berkeley, CA: The University of California Berkeley )〕〔(【引用サイトリンク】title=Disability Social History Project, article title Famous (and not-so-famous) People with Disabilities )〕〔(【引用サイトリンク】title=EDGE - Curriculum - Biology )〕〔(【引用サイトリンク】title=Political Organizer for Disability Rights, 1970s-1990s, and Strategist for Section 504 Demonstrations, 1977 )〕〔(【引用サイトリンク】title=Kitty Cone, Facts On File, Inc., 2009. American History Online; Facts on File information obtained from ''Encyclopedia of American Disability History'' )〕 Over the next several years, Section 504 was somewhat controversial because it afforded people with disabilities many rights similar to those for other minority groups in the Civil Rights Act of 1964. Throughout the Reagan administration, efforts were made to weaken Section 504. Patrisha Wright and Evan Kemp, Jr. (of the Disability Rights Center) led a grassroots and lobbying campaign against this that generated more than 40,000 cards and letters.〔 In 1984, the administration dropped its attempts to weaken Section 504; however, they did end the Social Security benefits of hundreds of thousands of disabled recipients.〔 The Americans with Disabilities Act of 1990 extended Section 504 to much of the private sector (notably private employers, stores, hotels, and restaurants), while specifically stating that it made no amendments, weakening or otherwise, to Section 504. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Section 504 of the Rehabilitation Act」の詳細全文を読む スポンサード リンク
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