Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools

Scenario 8 – Accessibility

Ayana recently enrolled in a school that does not have an elevator. The school was built in the early 1960s and, due to limited resources, the district has never altered the building. Ayana, who is unable to walk upstairs due to her disability, is dismayed when she discovers that the art studio is on the second floor; she had planned to take an art class the following semester. What should the school do to address this situation?

Districts are not required to make each existing facility or every part of an existing facility accessible if the facility in question was constructed before June 4, 1977; however, districts must still provide students with disabilities access to the program or activity in question. Access to programs operated by a school in older facilities that are totally or partially inaccessible may, in some instances, be provided through means other than structural change, such as relocation of programs. School districts are required to have procedures in place to ensure that parents, students, and other interested persons can obtain information about the location of services, activities, and facilities that are accessible to and usable by individuals with disabilities.¹¹⁴ The school in this scenario is an existing facility because it was built before June 4, 1977, and therefore, program access is required to ensure compliance with Section 504 and the ADA. The school may, for example, move the art studio to a room on the first floor so that Ayana has an equal opportunity to participate in the art class with her peers.