In practical terms, Section 504 is the reason a hospital that receives federal funds must have wheelchair accommodating equipment, including for cancer screening, or access to someone who can sign for a deaf person. Public broadcasters like NPR or PBS must have closed captioning and government websites must be accessible to people with low or altered vision.

Section 504: Everything a Survivor of Brain Injury Needs to Know Today

By Christina Eichelkraut

We’ve all heard of the Americans with Disabilities Act, or ADA, but there’s another cornerstone piece of disability legislation that massively impacts the daily lives of people with disabilities, and it came first.

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What’s the Difference Between Section 504 and the ADA?

Both Section 504 and the Americans with Disabilities Act – passed decades later, in 1990 – prohibit discriminating against people with disabilities, whether those disabilities are physical or not. This especially matters to our community since many survivors of brain injury live with invisible disabilities. This can include health issues such as vision or balance difficulties that can be debilitating but aren’t immediately apparent to others.

Section 504 and the ADA are both crucial in guaranteeing people with disabilities enjoy the same civil rights as anyone else, but there are key differences between the laws. Section 504 became a law in part as a response to the massive, nationwide Disability Rights Movement.

In practical terms, Section 504 is the reason a hospital that receives federal funds must have wheelchair accommodating equipment, including for cancer screening, or access to someone who can sign for a deaf person. Public broadcasters like NPR or PBS must have closed captioning and government websites must be accessible to people with low or altered vision.

Section 504 also plays a huge role in making public K12 education accessible for children with disabilities, ensuring that anyone with a disability receives a Free Appropriate Public Education. This means offering a student with medical issues a classroom aid, giving a child with epilepsy an alternate way to learn if a flashing screen is a risk for them, or a child with diabetes has an alternate diet choice in the cafeteria. From ADHD to heart disease, millions of students every day rely on Section 504 protections to receive their right to a decent, free education.

If a child has a disability and is not receiving appropriate care or accommodation, parents can submit complaints to the Office of Civil Rights which is part of the Department of Education.

The ADA, on the other hand, was passed in 1990 and essentially expanded the nondiscrimination aspect to private lives. The federal mandate achieved this by outlawing disability discrimination by employers and requiring all buildings have accessibility accommodations. The ADA is the reason any employer – even a private corporation – must make reasonable accommodations that allow a person with a disability to do their job. It expands accessibility beyond federal funding and includes people with potentially debilitating diseases such as some people with HIV.

Section 504 Under Assault

Currently, Section 504 is at risk on at least two fronts.

The first is a lawsuit filed in the U.S. District Court of Northern Texas by 17 states asking the federal government to eliminate Section 504 entirely. The main catalyst for Texas v. Becerra was the proposed inclusion of students with gender dysphoria as a protected class under it.

Instead of merely challenging that designation, however, the lawsuit further alleges issues such as Medicare compliance being an onerous burden on states. Ultimately, the lawsuit alleges that Section 504 is unconstitutional and asks the Supreme Court to deem it as such.

For many in the disability community this is a baffling argument as Section 504 is what allows them to enjoy basic civil rights. It is one of the only reasons they a person with a disability can know they will not be discriminated against and may be able to access public buildings and participate in public life, for example, through accessible voting.

In addition, the Trump Administration wants to dismantle the Department of Education. The Office of Civil Rights helps local school districts to address accommodation issues, such as finding a paraprofessional with proper credentials for students who need classroom assistance, helping them with audit requirements, and investigating parent or advocate complaints about noncompliance.

If the Department of Education is dismantled, then Section 504 has no way of being supported federally and there would be no recourse or redress for students.

However, if Section 504 survives the lawsuit, it will still at least apply to public healthcare and education.

ABOUT BRAIN INJURY ASSOCIATION OF ARIZONA

The Brain Injury Association of Arizona (BIAAZ) is the only statewide nonprofit organization dedicated to improving the lives of adults and children with all types of brain injuries through prevention, advocacy, awareness and education. BIAAZ also houses the Arizona Brain Health Resource Center, a collection of educational information and neuro-specific resources for brain injury survivors, caregivers, family members and professionals.

What began in 1983 as a grassroots effort has grown into a strong statewide presence, providing valuable life-long resources and community support for individuals with all types of brain trauma at no charge.