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Section 504 of the Rehabilitation Act

Section 504. [Pub. L. 93-112] [29 U.S.C. 794] Nondiscrimination under Federal grants andprograms; promulgation of rules and regulations

(a) Promulgation of rules and regulations

No otherwise qualified individual with a disability in the UnitedStates, as defined in section 706 (20) of this title, shall, solely by reasonof his or her disability, be excluded from the participation in, be denied thebenefits of, or be subjected to discrimination under any program or activityreceiving Federal financial assistance or under any program or activityconducted by any Executive agency or by the United States Postal Service. Thehead of each such agency shall promulgate such regulations as may be necessaryto carry out the amendments to this section made by the Rehabilitation,Comprehensive Services, and Development Disabilities Act of 1978. Copies of anyproposed regulations shall be submitted to appropriate authorizing committeesof the Congress, and such regulation may take effect no earlier than thethirtieth day after the date of which such regulation is so submitted to suchcommittees.

(b) "Program or activity" defined

For the purposes of this section, the term "program or activity" meansall of the operations of --

(1)(A) a department, agency, special purpose district, or otherinstrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes suchassistance and each such department or agency (and each other State or localgovernment entity) to which the assistance is extended, in the case ofassistance to a State or local government;

(2)(A) a college, university, or other postsecondary institution, or apublic system of higher education; or

(B) a local educational agency (as defined in section 8801 of Title 20),system of vocational education, or other school system;

(3)(A) an entire corporation, partnership, or other privateorganization, or an entire sole proprietorship --

(i) if assistance is extended to such corporation, partnership, privateorganization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providingeducation, health care, housing, social services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separatefacility to which Federal financial assistance is extended, in the case of anyother corporation, partnership, private organization, or sole proprietorship;or

(4) any other entity which is established by two or more of the entitiesdescribed in paragraph (l), (2) or (3); any part of which is extended Federalfinancial assistance.

(c) Significant structural alterations by small providers

Small providers are not required by subsection (a) to make significantstructural alterations to their existing facilities for the purpose of assuringprogram accessibility, if alternative means of providing the services isavailable. The terms used in this subsection shall be construed with referenceto the regulations existing on March 22, 1988.

(d) Standards used in determining violation of section

The standards used to determine whether this section has been violatedin a complaint alleging employment discrimination under this section shall bethe standards applied under title I of the Americans with Disabilities Act of1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504,and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204and 12210), as such sections related to employment.

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