Title II of the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination based on disability by public entities, regardless of whether they receive federal financial assistance.

Title II states: “[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”

Section 504 of the Rehabilitation Act of 1973 (Section 504) is a federal civil rights law designed to protect the rights of individuals with disabilities in programs and activities that receive federal financial assistance from the United States Department of Education. Section 504 applies to all public schools and charter schools. Students are protected from discrimination under Section 504 if they have: 1) a physical or mental impairment which substantially limits one or more major life activities; and 2) a record of such impairment or are regarded as having such an impairment. 

In general, Section 504 and Title II nondiscrimination standards are the same and actions that violate Section 504 also violate Title II. However, where Title II requirements exceed Section 504 requirements, public school districts, colleges and universities, and libraries must also comply with the Title II requirements.

Resources

U.S. Department of Education Office of Civil Rights Disability Discrimination Frequently Asked Questions

U.S. Department of Education Office of Civil Rights-How to File a Discrimination Complaint with the Office of Civil Rights

Disclaimer: The information provided on this website does not constitute legal advice. Instead, all information is provided for general informational purposes only.