IDEA and 504

U.S. Department of Education

Office for Civil Rights

Washington, D.C. 20202

Student Placement

The Office for Civil Rights (OCR) in the U.S. Department of Education (ED) enforces Section 504 of the Rehabilitation Act of 1973 (Section 504) in programs and activities that receive assistance from ED. OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which is applicable to state and local governments.

Section 504 requires that: "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..."

Section 504 and Title II prohibit the discriminatory assignment of students with disabilities to segregated classes or facilities. These laws apply to elementary and secondary as well as postsecondary schools. In elementary and secondary schools, students with disabilities may be assigned to separate facilities or courses of special education only when this placement is necessary to provide equal educational opportunity to them. Any separate facilities, and the services provided in separate facilities, must be comparable to other facilities and services. For more information click HERE.