EdLaw
Rehabilitation Act — Section 504 (29 U.S.C. §794) and Section 508 (29 U.S.C. §794d)
The two Rehabilitation Act accessibility provisions US school districts cite alongside the ADA Title II web rule. Section 504 prohibits disability discrimination in "any program or activity receiving Federal financial assistance" (§794(a)) — which includes essentially every public school district, and "program or activity" expressly covers "a local educational agency […], system of career and technical education, or other school system" (§794(b)(2)(B)). Section 508 requires Federal agencies' electronic and information technology to give individuals with disabilities access comparable to others' (§794d(a)(1)(A)); it binds Federal agencies, not districts, but its Access Board standards (36 CFR Part 1194, which incorporate WCAG) are the accessibility yardstick US procurement language borrows.
Applicability to EdTech
- Section 504 is why districts must not procure inaccessible technology: a district that offers a program through software only some students can use risks excluding students with disabilities from participation (§794(a)); ED's implementing regulations sit at 34 CFR Part 104 (see Sources). RFP accessibility questions citing "Section 504" are asking the vendor to evidence that its product will not put the district in breach.
- "Section 508 compliant" in a K-12 RFP is shorthand, not a direct legal duty on the district or vendor: the statute's duty holds for Federal departments and agencies (§794d(a)(1)(A)). What travels is the standard — the Access Board's ICT rules — usually evidenced by an ACR/VPAT.
- Together with the ADA Title II web rule (WCAG 2.1 AA with hard dates), these are the trio behind US district accessibility contract clauses.
Contents
| Document | Covers |
|---|---|
| SECTION-504.md | 29 U.S.C. §794 — nondiscrimination, "program or activity" definition, standards |
| SECTION-508.md | 29 U.S.C. §794d — Federal ICT accessibility duty, standards machinery, complaints |
Key obligations at a glance
- No exclusion from, denial of benefits of, or discrimination under a federally assisted program or activity solely by reason of disability (§794(a)).
- Federal agencies' EIT: comparable access for Federal employees and members of the public with disabilities, unless an undue burden (§794d(a)(1)).
Enforcement
Section 504: the remedies, procedures and rights of Title VI of the Civil Rights Act apply ([§794a — not extracted]); in schools, ED's Office for Civil Rights investigates and enforces, and private actions lie. Section 508: administrative complaints to the funding agency and Title VI-style remedies for Federal procurement (§794d(f)).
Related
- ADA Title II web rule — the DOJ rule that turned the general duties into WCAG 2.1 AA with dates
- FERPA — the other standing federal schoolhouse statute in vendor contracts
Sources
- govinfo — 29 U.S.C. §794 (2024 edition)
- govinfo — 29 U.S.C. §794d (2024 edition)
- 34 CFR Part 104 — ED §504 regulations
- US Access Board — Section 508 standards
Meta
Statute text in the content documents is reproduced verbatim from the govinfo.gov USCODE-2024 edition and built/re-verified mechanically by tools/govinfo/build_us_statutes.py (verify mode; do not hand-edit; bump the edition in the builder deliberately). uscode.house.gov (the continuously current text) is unreachable from non-US networks — compare against it or the next annual edition on re-verification. Anchors derived from printed subsection labels ({#sec-794-a}).