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Section 504 of the Rehabilitation Act of 1973 (Pub. L. No. 93–112) specifically prohibits discrimination against any otherwise qualified individual solely on the basis of a handicapping condition in any program or activity receiving federal financial assistance. Section 504 is discussed in ssss1.

The Americans with Disabilities Act of 1990 ([ADA], Pub. L. No. 101–336) is considered to be the most significant federal law ensuring the civil rights of all individuals with disabilities. It was amended by the Americans with Disabilities Act Amendments of 2008 (Pub. L. No. 110–325). The ADA guarantees equal opportunity in employment, public accommodation, transportation, state and local government services, and telecommunications to individuals with disabilities. Title II, Subtitle A, is the portion of the law most pertinent to public schools (see ssss1).

School personnel also should be familiar with Section 1983 of the Civil Rights Act of 1871. This statute was passed following the Civil War as a reaction to the mistreatment of Blacks, and it originally was known as the “Ku Klux Klan Act” Under Section 1983, any person whose constitutional rights (or rights under federal law) have been violated by a government (school) official may sue for damages in federal court, and the official may be held liable for damages (see the section “Lawsuits Against Schools and School Psychologists,” later in this chapter).