Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts

Section 504 of the Rehabilitation Act

Section 504 provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of any entity that receives Federal financial assistance, or be subjected to discrimination by such entity.¹⁴  Federal financial assistance includes grants, loans, and reimbursements from Federal agencies, including assistance provided to child welfare agencies and the courts.¹⁵  An entity can be a recipient of Federal financial assistance either directly or as a sub-recipient.¹⁶  Section 504 applies to all of the operations of agencies and sub-agencies of state and local governments, even if Federal financial assistance is directed to one component of the agency or for one purpose of the agency.¹⁷  Recipients of Federal financial assistance must agree to comply with Section 504, and generally other civil rights laws, as a condition of receiving Federal financial assistance.¹⁸

¹⁴ 29 U.S.C. § 794(a).

¹⁵ See, e.g., 28 C.F.R. § 42.105; 45 C.F.R. § 84.5.

¹⁶ See Grove City College v. Bell, 465 U.S. 555, 564 (1984).

¹⁷ 29 U.S.C. § 794(b).

¹⁸ See, e.g., 45 C.F.R. § 84.5.