ADA vs Section 504

The ADA or Americans with Disabilities Act and the section 504 ensure that the people with disabilities living in the United Stats would not be discriminated because of their disability.

The Congress passed Section 504 in 1973. The ADA was modeled after Section 504. It was made into a law in 1990, but most of the provisions did not take effect till 1992. The Americans with Disabilities Act adds to the strength of section 504 by extending it to private institutions, workplaces and other institutions that were not covered under section 504.

Section 504 only applies to the said entities that receive financial assistance from the Federal. On the contrary, the Americans with Disabilities Act applies to entities, which receive funds from federal, state or privately owned establishments.

When talking of the intent of the law, the Americans with Disabilities extends a legal mandate of the section 504 beyond the recipients of the funds from the federal.

According to Section 504, a person with disability is one who has (1) physical or mental impairment that substantially limits major life functions (2) history of impairment (3) or if he is regarded as having an impairment. However, ADA also covers HIV and contagious and non-contagious diseases.

Both the ADA and section 504 are civil rights statutes. The Office for Civil Rights of the U S Department of Education is responsible for enforcing Section 504. On the other hand, the US department of Justice enforces the Americans with Disabilities Act.

Unlike Section 504, the ADA does not have any direct responsibility for providing free and appropriate public education.

The ADA does not come up with any specific evaluation or placement procedures. However, Section 504 requires a notice and consent for evaluation process.

Summary

1. Section 504 was passed by Congress in 1973. The Americans with Disabilities Act was made into a law in 1990, but most of the provisions did not take effect till 1992.

2. Section 504 only applies to the entities that receive financial assistance from the Federal. On the contrary, the Americans with Disabilities Act applies to entities which receive funds from federal, state or privately owned establishments.

3. The Office for Civil Rights of the U S Department of Education is responsible for enforcing Section 504. On the other hand, the US department of Justice enforces the Americans with Disabilities Act.

4. Unlike Section 504, the ADA does not have any direct responsibility for providing free and appropriate public education.

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