Legislation Summary of PL 93-112 and PL 106-402

Laura Hubbard
Siena Heights University

Author’s note: This paper was written for SED 544 Early Childhood and Special Education.
 Legislation Summary of PL 93-112 and PL 106-402

Section 504 of the Rehabilitation Act of 1973 (PL 93-112) states, “no otherwise qualified

individual with a disability in the United States…shall, solely by reason of his or her disability,

be excluded from the participation in, be denied the benefits of, or be subjected to discrimination

under any program or activity receiving Federal financial assistance or under any program or

activity conducted by any Executive agency or by the United States Postal Service.” (OASAM,

n.d.) This section of the law conveys that people with disabilities had to be given the same

access to jobs, housing, public buildings, and free and appropriate education as people who have

no disability.

The Developmental Disabilities Act of 1973 (PL 106-402) has many parts to the 64-page

document. Some of the key highlights are: setting up a monitoring process for “advocacy,

capacity building, and systemic change activities,” state councils will get more federal money

but must include more people with disabilities and their families, established Title II and Title

III. (Administration for Community Living, n.d.) This public law maintains that state councils

need to protect people with disabilities through advocates, expanding research on the needs of

people with developmental disabilities and their families, and setting policies that help

individuals with disabilities live productive, independent, and inclusionary lives.

Both laws affect Early Childhood Special Education because they indicate that all

children should have the same access to education that is free and appropriate. Children with

special needs should have advocates to make sure they are getting everything they need to

participate in federally funded programs. People with disabilities have the right to assessment

and evaluation whether they qualify for special education services or not. They should also have
accommodations, such as assistive technology, to help them meet their educational goals under

Section 504, Subpart D.

As a teacher, my role is to make sure all students are treated fairly without

discrimination. A teacher must adhere to the 504-plan to make sure students with disabilities are

having their needs met. The 504-plan needs to be reevaluated when necessary to continue to

serve the student’s changing needs. The parents or guardians may request an examination of the

student records that the teacher maintains for the student. The student may NOT be excluded

from preschool based on their disability. All students need to have their needs met through the

developmental domains whether they have a disability or not. Being an educator means I have to

strive to make sure students get what’s fair and equal, addressing all needs in the classroom.
References:

Administration for Community Living (n.d.) Public Law 106–402, 106th Congress: Download

the Developmental Disabilities Assistance and Bill of Rights Act of 2000 Retrieved September

11, 2017 from acl.gov: https://www.acl.gov/about-acl/authorizing-statutes/developmental-

disabilities-assistance-and-bill-rights-act-2000

OASAM (n.d.) Section 504, Rehabilitation Act of 1973. Retrieved September 9, 2017 from

United States Department of Labor, dol.gov:

https://www.dol.gov/oasam/regs/statutes/sec504.htm

U.S. Department of Education (n.d.) Title 34 Education. Retrieved September 10, 2017 from

ED.gov: https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html#D