An “individual with handicaps” is any person who has a physical or mental disability that significantly reduces one or more of that person’s “major life activities,” which are defined as: “caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.” The U.S. Supreme Court has determined that an “otherwise qualified” handicapped individual is one who is “able to meet all of a program’s requirements in spite of his handicap.” Programs or activities that receive federal funds are required to make reasonable accommodation to allow for the involvement and participation of otherwise qualified people with disabilities. This includes programs such as: education of handicapped children programs, vocational programs, public and private day care centers, preschool programs, public and private elementary schools, public and private adult programs, public and private colleges, or any program or activity receiving federal funds.

Section 504 of the Rehabilitation Act has been utilized as an aid to enforce the right of disabled children to be integrated in their school district, to contest placement decisions, and to assert the right to special education services for children who do not qualify for services under IDEA. Even if a child’s level of functionality disqualifies him from services under IDEA, his right to services may be enforceable under Section 504. This may be significant for parents of high functioning cerebral palsied children who may somehow not be eligible for services under IDEA. Every local education agency is obliged to have a Section 504 Coordinator to answer any questions that you, as a parent of a child with a disability, may have. As with other legal issues, you should consult a qualified lawyer to explore claims under Section 504. Section 504 allows for the retrieval of reasonable attorney’s fees if you succeed in your claim.

The Rehabilitation Act of 1973 was amended to reflect the philosophy and service needs of the 1990's. The amendments call for provisions for: training, equipment, and other services that people with disabilities may need in order to work and live independently in their communities. The Rehabilitation Act states that, "Disability is a natural part of human experience and in no way diminishes the right of individuals to: live independently; enjoy self-determination; make choices; contribute to society; pursue meaningful careers; and enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society."