U.S. Department of Education

Office of Innovation and Improvement, Office of Non-Public Education

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 provides that "[n]o otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Section 104.39 of Title 34 of the Code of Federal Regulations entitled "Private education" addresses some of the nondiscrimination responsibilities of a recipient that provides private elementary or secondary education.

Private schools that do not receive Federal funds are not considered to be recipients of Federal financial assistance under Section 104.39. Nor are private schools whose students participate in Federal education programs (such as Title I) through the local school district considered to be recipients. However, the local school district remains responsible for ensuring that students with disabilities, including participating private school students with disabilities, are not discriminated against with respect to participation in the federally assisted program. Further, if a public school places a student with a disability in a private school, the public school remains responsible for ensuring that the Section 504 requirements applicable to that student are met. Nothing in the Section 504 regulation requires private schools that are not recipients to write Section 504 plans for Section 504 students.

In the eventa private school is a recipient of Federal funds, thenit has some obligations under Section 504, but not the same as the public schools. Section 104.39 of Title 34 of the Code of Federal Regulations* entitled "Private education" addresses some of the nondiscrimination responsibilities of a recipient that provides private elementary or secondary education (see below or visit: http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html#S39). However, this is only in the case where a private school is a recipient.

* Excerpt from Section 104.39 of Title 34 of the Code of Federal Regulations

104.39 Private education.

(a) A recipient that provides private elementary or secondary education may not, on the basis of handicap, exclude a qualified handicapped person if the person can, with minor adjustments, be provided an appropriate education, as defined in 104.33(b)(1), within that recipients program or activity.

(b) A recipient to which this section applies may not charge more for the provision of an appropriate education to handicapped persons than to nonhandicapped persons except to the extent that any additional charge is justified by a substantial increase in cost to the recipient.

(c) A recipient to which this section applies that provides special education shall do so in accordance with the provisions of 104.35 and 104.36. Each recipient to which this section applies is subject to the provisions of 104.34, 104.37, and 104.38.