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We created this series (“Know Your Rights”) to help share important information with other neurodivergent individuals about supports and protections that are available for them. It has been tough for us to find all of this information in one place, so my primary goal is to make this information easy to find + remember while you are advocating for yourself or your children.
What is The Rehabilitation Act?
The Rehabilitation Act of 1973 is a foundational federal law that served as the United States’ first major civil rights legislation protecting individuals with disabilities from discrimination.
While the Americans with Disabilities Act (discussed in our previous post) expanded these civil rights to the private sector in 1990, the Rehabilitation Act specifically targets the federal government, federal contractors, and programs receiving federal financial assistance.
While The IDEA, Rehabilitation Act, and the ADA entitle neurodivergent individuals to similar services, the purposes and scopes of coverage of these laws differ.
IDEA + FAPE laws guarantee education for all people without discrimination. The ADA and Rehabilitation Act focus on eliminating discrimination from all facets of public life.
5 Sections of the Rehabilitation Act
Section 501: Federal Employment - Prohibits federal executive branch agencies from discriminating against qualified individuals with disabilities. It requires federal agencies to actively engage in affirmative action to recruit, hire, and promote employees with disabilities to support diversity, equity, and inclusion.
Section 502: The Access Board - Created the U.S. Access Board, an independent federal agency dedicated to developing accessibility guidelines for buildings, transit vehicles, telecommunications, and digital environments.
Section 503: Federal Contractors - Prohibits employment discrimination by companies holding federal contracts or subcontracts exceeding $10,000.
Section 504: Federally Funded Programs - The most widely known section that states no qualified individual can be excluded from, or denied the benefits of, any program or activity receiving federal funds. This spans public K-12 schools, universities, hospitals, public housing, and mass transit systems.
Section 508: Digital & Information Technology - Requires all federal agencies to ensure their electronic and information technology—including websites, software, emails, and electronic documents—is fully accessible to both federal employees and members of the public.
Disabilities Covered Under the Rehabilitation Act (1973):
Neuro-Developmental + Learning Disabilities: Autism Spectrum Disorder (ASD), Attention-Deficit/Hyperactivity Disorder (ADHD), dyslexia, sensory or auditory processing disorders
Mental Health Conditions: major depression, anxiety disorder, bipolar, and PTSD
Physical or Other Sensory Impairments: cerebral palsy, muscular dystrophy, spinal cord injuries, amputations, severe arthritis, blindness or visual impairment, deafness or hearing loss
Chronic Health Conditions: diabetes, epilepsy, severe allergies, asthma, cancer, thyroid disorders, and heart or autoimmune disease.
IEP Plans vs. 504 Plans
If your neurodivergent child attends public school, they are entitled to a 504 plan under The Rehabilitation Act, even if they do not qualify for an IEP plan under the IDEA.
IEP’s (Individualized Education Plans) are only provided to students whose academic performance is impacted by their disability
But 504 accommodations can be requested for any neurodivergent individual in school. Section 504 protects invisible disabilities like neurodivergent children who may be academically gifted, high-masking, twice exceptional, or fall apart at home from dysregulation and burnout after holding it together at school.
Shawn Abigail Johnson
MS, BCBA, LBA
Diverse Connections AZ
