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Mid-ocean ridge
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Mid-oceanic ridge, including a black smoker
A mid-ocean ridge (MOR) is an underwater mountain system formed by plate tectonics.[1] It consists of various mountains linked in chains, typically having a valley known as a rift running along its spine. This type of oceanic mountain ridge is characteristic of what is known as an 'oceanic spreading center', which is responsible for seafloor spreading.[2] The production of new seafloor results from mantle upwelling in response to plate spreading; this isentropic upwelling solid mantle material eventually exceeds the solidus and melts. The buoyant melt rises as magma at a linear weakness in the oceanic crust, and emerges as lava, creating new crust upon cooling. A mid-ocean ridge demarcates the boundary between two tectonic plates, and consequently is termed a divergent plate boundary.
Contents
[hide]
1 Description
1.1 Volcanism
1.2 Morphology
2 Formation processes
3 Global system
4 Seawater Chemistry
5 History
5.1 Discovery
5.2 Impact
6 List of oceanic ridges
6.1 List of ancient oceanic ridges
7 See also
8 References
9 External links
Description[edit]
Graphic shows a mid-ocean ridge, with magma rising from a chamber below, forming new ocean plate that spreads away from the ridge.
Mid-ocean ridge in Þingvellir National Park, Iceland.
Volcanism[edit]
Mid-ocean ridges are geologically active, with continuing volcanism and seismicity. New magma steadily emerges onto the ocean floor and intrudes into the ocean crust at and near rifts along the ridge axes. The crystallized magma forms new crust of basalt (known as MORB for mid-ocean ridge basalt) and below it (in the lower oceanic crust), gabbro.[3] MORs are formed by two oceanic plates moving away from each other. Hydrothermal vents are a common feature at oceanic spreading centers.[4]
The rocks making up the crust below the seafloor are youngest along the axis of the ridge and age with increasing distance from that axis. New magma of basalt composition emerges at and near the axis because of decompression melting in the underlying Earth's mantle.[5]
The oceanic crust is made up of rocks much younger than the Earth itself. Most oceanic crust in the ocean basins is less than 200 million years old. The crust is in a constant state of "renewal" at the ocean ridges. Moving away from the mid-ocean ridge, ocean depth progressively increases; the greatest depths are in ocean trenches. As the oceanic crust moves away from the ridge axis, the peridotite in the underlying mantle cools and becomes more rigid. The crust and the relatively rigid peridotite below it make up the oceanic lithosphere.
Morphology[edit]
See also: Seafloor spreading § Sea floor global topography: half-space model
The bathymetry, or profile of a MOR is largely determined by the seafloor spreading rate at the ridge.[6] Slow spreading ridges (< 5 cm/yr) like the Mid-Atlantic Ridge (MAR) generally have large, wide rift valleys, sometimes as wide as 10–20 km (6.2–12.4 mi), and very rugged terrain at the ridge crest that can have relief of up to a 1,000 m (3,300 ft). By contrast, fast spreading ridges (>8 cm/yr) like the East Pacific Rise (EPR) are narrow, sharp incisions surrounded by generally flat topography that slopes away from the ridge over many hundreds of miles.[6] Ultra-slow spreading ridges (< 2 cm/yr), like the Southwest India and the Arctic Ridges form both magmatic and amagmatic ridge segments without transform faults.[7]
The spreading center or axis, commonly connects to a transform fault oriented at right angles to the axis. The flanks of Mid-coean ridges are in many places marked by the inactive scars of transform faults called fracture zones. At faster spreading rates the axes often display Overlapping Spreading Centers that lack connecting transform faults.[8]
The depth of the seafloor (or the height of a location on a mid-ocean ridge above a baselevel) is closely correlated with its age (age of the lithosphere where depth is measured). The age-depth relation can be modeled by the cooling of a lithosphere plate[9][10] or mantle half-space[11] in areas without significant subduction. The overall shape of ridges results from Pratt isostacy: close to the ridge axis there is hot, low-density mantle supporting the oceanic crust. As the oceanic plates cool, away from the ridge axes, the oceanic mantle lithosphere (the colder, denser part of the mantle that, together with the crust, comprises the oceanic plates) thickens and the density increases. Thus older seafloor is underlain by denser material and is deeper. The width of the ridge is hence a function of spreading rate – slow ridges like the MAR have spread much less far (shower a narrower profile) than faster ridges like the EPR (wider profile) for the same amount of cooling and consequent bathymetric deepening.
Formation processes[edit]
Further information: Plate tectonics
Oceanic crust is formed at an oceanic ridge, while the lithosphere is subducted back into the asthenosphere at trenches.
Two processes, ridge-push and slab pull, are thought to be responsible for the spreading seen at mid-ocean ridges, and there is some uncertainty as to which is dominant. Ridge-push occurs when the growing bulk of the ridge pushes the rest of the tectonic plate away from the ridge, often towards a subduction zone. At the subduction zone, "slab-pull" comes into effect. This is simply the weight of the tectonic plate being subducted (pulled) below the overlying plate dragging the rest of the plate along behind it. The slab pull mechanism is considered to be contributing more than the ridge push.[12]
The other process proposed to contribute to the formation of new oceanic crust at mid-ocean ridges is the "mantle conveyor" (see image). However, there have been some studies which have shown that the upper mantle (asthenosphere) is too plastic (flexible) to generate enough friction to pull the tectonic plate along. Moreover, unlike in the image above, mantle upwelling that causes magma to form beneath the ocean ridges appears to involve only its upper 400 km (250 mi), as deduced from seismic tomography and from studies of the seismic discontinuity at about 400 km (250 mi). The relatively shallow depths from which the upwelling mantle rises below ridges are more consistent with the "slab-pull" process. On the other hand, some of the world's largest tectonic plates such as the North American Plate are in motion, yet are nowhere being subducted.
The rate at which the mid-ocean ridge creates new material is known as the spreading rate, and is typically measured in mm/yr. As a general rule, fast ridges have spreading (opening) rates of more than 90 mm/year. Intermediate ridges have a spreading rate of 50–90 mm/year while slow spreading ridges have a rate less than 50 mm/year.[6][13]:2 The spreading rate of the North Atlantic Ocean is ~ 25 mm/yr, while in the Pacific region, it is 80–120 mm/yr. Ridges that spread at rates <20 mm/yr are referred to as ultraslow spreading ridges[13]:2 (e.g., the Gakkel Ridge in the Arctic Ocean and the Southwest Indian Ridge) and they provide a much different perspective on crustal formation than their faster spreading brethren.
The mid-ocean ridge systems form new oceanic crust. As crystallized basalt extruded at a ridge axis cools below Curie points of appropriate iron-titanium oxides, magnetic field directions parallel to the Earth's magnetic field are recorded in those oxides. The orientations of the field in the oceanic crust preserve a record of directions of the Earth's magnetic field with time. Because the field has reversed directions at irregular intervals throughout its history, the pattern of geomagnetic reversals in the ocean crust can be used as an indicator of age.[14] Likewise, the pattern of reversals together with age measurements of the crust is used to help establish the history of the Earth's magnetic field.
Global system[edit]
World distribution of mid-oceanic ridges; USGS
The mid-ocean ridges of the world are connected and form the Ocean Ridge, a single global mid-oceanic ridge system that is part of every ocean, making it the longest mountain range in the world. The continuous mountain range is 65,000 km (40,400 mi) long (several times longer than the Andes, the longest continental mountain range), and the total length of the oceanic ridge system is 80,000 km (49,700 mi) long.[15]
Increased rates of sea-floor spreading (i.e. the expansion of the mid-ocean ridge) has caused global (eustatic) sea-level to rise over very long timescales (millions of years).[16]
The high sea levels that occurred during the Cretaceous period (144–65 Ma) can only be attributed to plate tectonics since thermal expansion and the absence of ice sheets by themselves cannot account for the fact that sea levels were 100–170 meters higher than today.[17]
Increased sea-floor spreading means that the hot young crust at the mid-ocean ridge will form at a faster rate than it can be destroyed at subduction zones. The mid-ocean ridge will then expand and form a broader ridge, taking up more space in the ocean basin and causing sea levels to rise.[17]
Sea-level change can be attributed to other factors (thermal expansion, ice melting). Over very long timescales, however, it is the result of changes in the volume of the ocean basins which are, in turn, affected by rates of sea-floor spreading along the mid-ocean ridges.[18]
Seawater Chemistry[edit]
Mg/Ca Ratio Changes at Mid-Ocean Ridges
Mid-ocean ridges are global scale ion-exchange systems.[19]
Rapid spreading rates will expand the mid-ocean ridge causing basalt reactions with seawater to happen faster. The Magnesium/Calcium ratio will be lower because more magnesium ions are being removed from seawater and consumed by the rock, and more calcium ions are being removed from the rock and released to seawater. A lower Mg/Ca ratio favors the precipitation of Low-Mg calcite polymorphs of calcium carbonate (calcite seas).[19]
Slow spreading at mid-ocean ridges has the opposite effect and will result in a higher Mg/Ca ratio favoring the precipitation of aragonite and High-Mg calcite polymorphs of calcium carbonate (aragonite seas).[19]
Experiments show that most modern High-Mg calcite organisms would have been Low-Mg calcite in past calcite seas,[20] meaning that the Mg/Ca ratio in an organism's skeleton varies with the Mg/Ca ratio of the seawater in which it was grown.
The mineralogy of reef-building and sediment-producing organisms is thus regulated by chemical reactions occurring along the mid-ocean ridge, the rate of which is controlled by sea-floor spreading.[20]
History[edit]
Discovery[edit]
Main article: Plate tectonics § Historical context
Mid-ocean ridges are generally submerged deep in the ocean. It was not until the 1950s, when the ocean floor was surveyed in detail, that their full extent became known.
The Vema, a ship of the Lamont-Doherty Earth Observatory of Columbia University, traversed the Atlantic Ocean, recording data about the ocean floor from the ocean surface. A team led by Marie Tharp and Bruce Heezen analyzed the data and concluded that there was an enormous mountain chain running up the middle. Scientists named it the "Mid-Atlantic Ridge".
At first, the ridge was thought to be a phenomenon specific to the Atlantic Ocean. However, as surveys of the ocean floor continued around the world, it was discovered that every ocean contains parts of the mid-ocean ridge system. Although the ridge system runs down the middle of the Atlantic Ocean, the ridge is located away from the center of other oceans.
Impact[edit]
Alfred Wegener proposed the theory of continental drift in 1912. He stated: "the Mid-Atlantic Ridge ... zone in which the floor of the Atlantic, as it keeps spreading, is continuously tearing open and making space for fresh, relatively fluid and hot sima [rising] from depth".[21] However, Wegener did not pursue this observation in his later works and his theory was dismissed by geologists because there was no mechanism to explain how continents could plow through ocean crust, and the theory became largely forgotten.
Following the discovery of the worldwide extent of the mid-ocean ridge in the 1950s, geologists faced a new task: explaining how such an enormous geological structure could have formed. In the 1960s, geologists discovered and began to propose mechanisms for seafloor spreading. The discovery of mid-ocean ridges and the process of seafloor spreading allowed for Wegner's theory to be expanded so that it included the movement of oceanic crust as well as the continents.[22] Plate tectonics was a suitable explanation for seafloor spreading, and the acceptance of plate tectonics by the majority of geologists resulted in a major paradigm shift in geological thinking.
It is estimated that 20 volcanic eruptions occur each year along earth's mid-ocean ridges and that every year 2.5 km2 (0.97 sq mi) of new seafloor is formed by this process. With a crustal thickness of 1 to 2 km (0.62 to 1.24 mi), this amounts to about 4 km3 (0.96 cu mi) of new ocean crust formed every year.[citation needed]
Oceanic ridge and deep sea vent chemistry
Age of oceanic crust. The red is most recent, and blue is the oldest.
Plates in the crust of the earth, according to the plate tectonics theory
Seafloor magnetic striping
A demonstration of magnetic striping
List of oceanic ridges[edit]
Main category: Oceanic ridges
Aden Ridge
Cocos Ridge
Explorer Ridge
Gorda Ridge
Juan de Fuca Ridge
American-Antarctic Ridge
Chile Rise
East Pacific Rise
East Scotia Ridge
Gakkel Ridge (Mid-Arctic Ridge)
Nazca Ridge
Pacific-Antarctic Ridge
Central Indian Ridge
Carlsberg Ridge
Southeast Indian Ridge
Southwest Indian Ridge
Mid-Atlantic Ridge
Kolbeinsey Ridge (North of Iceland)
Mohns Ridge
Knipovich Ridge (between Greenland and Spitsbergen)
Reykjanes Ridge (South of Iceland)
List of ancient oceanic ridges[edit]
Aegir Ridge
Alpha Ridge
Kula-Farallon Ridge
Pacific-Farallon Ridge
Pacific-Kula Ridge
Phoenix Ridge
See also[edit]
Afar Triangle
Geography of Iceland
List of oceanic landforms
Petrological Database of the Ocean Floor
Slab window
Submarine volcano
References[edit]
Jump up ^ Searle,, Roger (2013). Mid-ocean ridges. New York: Cambridge. ISBN 9781107017528. OCLC 842323181.
Jump up ^ Faulting and Magmatism at Mid‐Ocean Ridges | Geophysical Monograph Series. doi:10.1029/gm106.
Jump up ^ Michael, Peter; Cheadle, Michael (February 20, 2009). "Making a Crust". Science. 323: 1017–18. doi:10.1126/science.1169556.
Jump up ^ Martin, William; Baross, John; Kelley, Deborah; Russell, Michael J. (2008-11-01). "Hydrothermal vents and the origin of life". Nature Reviews Microbiology. 6 (11): 805–814. doi:10.1038/nrmicro1991. ISSN 1740-1526.
Jump up ^ Marjorie Wilson (1993). Igneous petrogenesis. London: Chapman & Hall. ISBN 978-0-412-53310-5.
^ Jump up to: a b c Macdonald, K. C. (1982). "Mid-Ocean Ridges: Fine Scale Tectonic, Volcanic and Hydrothermal Processes Within the Plate Boundary Zone". Annual Review of Earth and Planetary Sciences. 10 (1): 155–190. doi:10.1146/annurev.ea.10.050182.001103.
Jump up ^ Dick, Henry J. B.; Lin, Jian; Schouten, Hans (November 2003). "An ultraslow-spreading class of ocean ridge". Nature. 426 (6965): 405–412. doi:10.1038/nature02128. ISSN 1476-4687.
Jump up ^ Macdonald, Ken C.; Fox, P. J. (1983). "Overlapping spreading centres: new accretion geometry on the East Pacific Rise". Nature. 302 (5903): 55–58. doi:10.1038/302055a0. ISSN 1476-4687.
Jump up ^ Sclater, John G.; Anderson, Roger N.; Bell, M. Lee (1971-11-10). "Elevation of ridges and evolution of the central eastern Pacific". Journal of Geophysical Research. 76 (32): 7888–7915. doi:10.1029/jb076i032p07888. ISSN 2156-2202.
Jump up ^ Parsons, Barry; Sclater, John G. (1977-02-10). "An analysis of the variation of ocean floor bathymetry and heat flow with age". Journal of Geophysical Research. 82 (5): 803–827. doi:10.1029/jb082i005p00803. ISSN 2156-2202.
Jump up ^ Davis, E.E; Lister, C. R. B. (1974). "Fundamentals of Ridge Crest Topography". Earth and Planetary Science Letters. North-Holland Publishing Company. 21: 405–413. Bibcode:1974E&PSL..21..405D. doi:10.1016/0012-821X(74)90180-0.
Jump up ^ Harff, Jan; Meschede, Martin; Petersen, Sven; Thiede, Jörn. Driving Forces: Slab Pull, Ridge Push (2014 ed.). Springer Netherlands. pp. 1–6. doi:10.1007/978-94-007-6644-0_105-1. ISBN 978-94-007-6644-0.
^ Jump up to: a b Searle, Roger (2013). Mid-ocean ridges. New York: Cambridge. p. 2. ISBN 9781107017528. OCLC 842323181.
Jump up ^ Puetz, Stephen; et al. (January 2017). "Quantifying the evolution of the continental and oceanic crust". Earth-Science Reviews. 164: 63–83. doi:10.1016/j.earscirev.2016.10.011.
Jump up ^ "What is the longest mountain range on earth?". Ocean Facts. NOAA. Retrieved 17 October 2014.
Jump up ^ Church, J.A.; Gregory, J.M. Sea Level Change. pp. 2599–2604. doi:10.1006/rwos.2001.0268.
^ Jump up to: a b Miller, Kenneth G. (2009). Encyclopedia of Paleoclimatology and Ancient Environments. Springer, Dordrecht. pp. 879–887. doi:10.1007/978-1-4020-4411-3_206.
Jump up ^ Kominz, M.A. Sea Level Variations Over Geologic Time. pp. 2605–2613. doi:10.1006/rwos.2001.0255.
^ Jump up to: a b c Hardie, Lawrence; Stanley, Steven (February 1999). "Hypercalcification: Paleontology Links Plate Tectonics and Geochemistry to Sedimentology" (PDF). GSA TODAY. 9 (2): 1–7.
^ Jump up to: a b Ries, Justin B. (2004-11-01). "Effect of ambient Mg/Ca ratio on Mg fractionation in calcareous marine invertebrates: A record of the oceanic Mg/Ca ratio over the Phanerozoic". Geology. 32 (11). doi:10.1130/g20851.1. ISSN 0091-7613.
Jump up ^ Jacoby, W. R. (January 1981). "Modern concepts of earth dynamics anticipated by Alfred Wegener in 1912". Geology. 9: 25–27. Bibcode:1981Geo.....9...25J. doi:10.1130/0091-7613(1981)9<25:MCOEDA>2.0.CO;2.
Jump up ^ Society, National Geographic (2015-06-08). "seafloor spreading". National Geographic Society. Retrieved 2017-04-14.
External links[edit]
An explanation of relevant tectonic forces
Mid-Oceanic ridge, like baseball seam (The Dynamic Earth, USGS)
Ridge2000, Studying Mid-Ocean Ridges from Mantle to Microbe
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Section 504 of the Rehabilitation Act
From Wikipedia, the free encyclopedia
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Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat. 394 (Sept. 26, 1973), codified at 29 U.S.C. § 701 et seq., is American legislation that guarantees certain rights to people with disabilities. It was one of the first U.S. federal civil rights laws offering protection for people with disabilities.[1] It set precedents for subsequent legislation for people with disabilities, including the Virginians with Disabilities Act in 1985 and the Americans with Disabilities Act in 1990.
Contents
[hide]
1 Summary of the Section
2 Implications
3 Requirements for educational programs
3.1 Higher education
3.2 K–12 schools
3.3 Extracurricular activity
4 Rights under Section 504
5 History
5.1 Protests and Outcome
5.1.1 504 trainings
5.1.2 Section 504 and the Americans with Disabilities Act (ADA)
6 See also
7 Notes
7.1 Additional references
8 External links
Summary of the Section[edit]
Section 504 states (in part):
No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his 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.
It is codified as 29 U.S.C. 794.[2]
As amended in 1974, Section 111, Pub L. 93-516, 88 Stat. 1619 (Dec. 7, 1974), Individuals with Disabilities are:
Any person who (a) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (b) has a record of such an impairment, or (c) is regarded as having such an impairment
where
Major life activities include caring for one's self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning.[3]
However, "For purposes of employment", Qualified Individuals with Disabilities must also meet "normal and essential eligibility requirements", such that:
For purposes of employment, Qualified Individuals with Disabilities are persons who, with Reasonable Accommodation, can perform the essential functions of the job for which they have applied or have been hired to perform.
where
Reasonable Accommodation means an employer is required to take reasonable steps to accommodate [one's] disability unless it would cause the employer undue hardship.[3]
That is, Qualified Individuals with Disabilities must be able to perform the job duties associated with the job for which they would be hired. The United States Department of Labor also indicates that "Small Providers" do not have to make "significant structural alterations to their existing facilities" to accommodate individuals with disabilities.[4]
The ADA (Americans With Disabilities Act) was passed in 1990, and seems to pick up where the Rehabilitation Act left off. Borrowing from the §504 definition of disabled person, and using the familiar three-pronged approach to eligibility (has a physical or mental impairment, a record of an impairment, or is regarded as having an impairment), the ADA applied those standards to most private sector businesses, and sought to eliminate barriers to disabled access in buildings, transportation, and communication. To a large degree, the passage of the ADA supplants the employment provisions of §504, reinforces the accessibility requirements of §504 with more specific regulations".[5]
Implications[edit]
Section 504 covers "any program or activity receiving federal financial assistance." If an organization receives federal support of any kind, even if the organization is not a federal or state organization, the organization must comply with Section 504. For example, airports in the United States can be at least partially funded by grants from federal and state governments, thus must be compliant. In many communities, public libraries receive federal financial assistance, directly or indirectly, so they must comply as well. Airports and public libraries became accessible according to Section 504 stipulation within a few years of the implementation of Section 504.
Requirements for educational programs[edit]
Higher education[edit]
The intention of Section 504 was to impact employment of people with disabilities, thus included education.[6] Section 504 was the first national civil rights legislation that provided equal access for students with disabilities to higher education institutions receiving federal financial assistance.[7] Both public and private colleges and universities supported by federal grants and funding programs must comply with Section 504. The common way higher education institutions are linked to federal funds is through the federal student aid programs. Initially, colleges, universities, and community colleges complied with the regulations imposed by Section 504 in the late-1970s and early to mid-1980s.
Higher education institutions are required to make their programs accessible to qualified students with disabilities.[8] Qualified students with disabilities are determined by the admissions criteria of the individual higher education institution. Students wishing to receive accommodations must initiate the process, which varies per higher education institution. This process largely subscribes to the medical model of disability, as many higher education institutions require medical documentation of diagnosis and functioning regarding the disability during the accommodation application process.[9] These colleges and universities are required to make reasonable accommodations for students with disabilities who attend their institutions.
K–12 schools[edit]
The law also pertains to any "local educational agency (as defined in section 8801 of Title 20), system of vocational education, or other school system".[4] As applied to K–12 schools, "the language broadly prohibits the denial of public education participation, or enjoyment of the benefits offered by public school programs because of a child’s disability."[5] Although the Individuals with Disabilities Education Act (IDEA) also applies to K-12 schools, the existence of IDEA does not mean the Rehabilitation Act is superfluous. IDEA only protects a subset of children and youth who have disabilities—those who satisfy its definition for "child with a disability".[10] The definition of disability under Section 504 is broader than that of the Individuals with Disabilities Education Act, so some children who do not meet the IDEA definition of disability are served under Section 504.
Section 504 requires school districts to provide Free Appropriate Public Education (FAPE) to children with disabilities, who may benefit from public education, within the individual district's jurisdiction. Regardless of the child's disability, the school district must identify the child's educational needs and provide any regular or special education to satisfy the child's educational needs just as well as it does for the children without disabilities. This may be accomplished by developing an education plan for the child. When done so under Section 504 of the Rehabilitation Act, it is referred to as a 504 plan. This 504 plan covers accommodations, services, and support the child will be receiving in order to have access to education at school. A 504 plan is different and less detailed than an Individualized Education Program (IEPs).[11]
Section 504 supports rights for students for needs outside of the school day, such as extracurricular activities, sports, and after-school care, because Section 504 prohibits discrimination on the basis of disability. While the process for accommodating students varies per institution, schools generally comply with Section 504 by identifying students with disabilities and evaluating those students. If the students are eligible, they create a written accommodation plan, often called a "504 Plan." It is similar to, but often shorter than, the IDEA Individualized Education Program (IEP). Parents, teachers, and school staff are a part of the process. Parents have due process rights; where they disagree with the determinations of the school, they have a right to an impartial hearing.
Violations of Section 504 in the educational environment can be addressed locally with the education agency or with the Office for Civil Rights (OCR) of the U.S. Department of Education. Violations of Section 504 can result in a loss of the federal funding. According to the Department[12] individuals may also file a private right of action for violations of Sec. 504. Thus, Section 504 is enforced by OCR. IDEA is carried out by another unit of the Department, the Office of Special Education Programs (OSEP).
Extracurricular activity[edit]
Section 504 covers extracurricular and after school programs such as sports, music lessons, and afterschool care. 34 C.F.R. § 104.37.
The Department of Education Office of Civil Rights has determined that Section 504 applies to:
Playgrounds - Hazelton (Pennsylvania) Area School District, 17 EHLR 907 (OCR, March 7, 1991); San Francisco (California) Unified Sch. Dist., 23 IDELR 1200 (OCR, November 26, 1995); Mill Valley (CA) Elementary Sch. Dist., 23 IDELR 1190 (OCR, October 10, 1995);
Band programs - Akron (Ohio) City Sch., 19 IDELR 793 (OCR, January 15, 1993);
Special programs and assemblies - Whitman-Hanson (Massachusetts) Regional Sch. Dist., 20 IDELR 775 (OCR, August 19, 1993); Atlanta (Georgia) Pub. Sch., 16 EHLR 19 (OCR, January 9, 1989)
Field trips and off site programs - Ontario-MontClair (California) Unified Sch. Dist., 24 IDELR 780 (OCR, February 7, 1996); Elk Grove (California) Unified Sch. Dist., 21 IDELR 941 (OCR, August 1, 1994)
Clubs - Colquitt County (Georgia) Sch. Dist., 25 IDELR 244 (OCR, June 6, 1996); South Central (Indiana) Area Special Educ. Coop., 17 EHLR 248 (September 25, 1990);
Afterschool and summer programs - Clayton (Missouri) Sch. Dist., 16 EHLR 766 (OCR, March 16, 1990); Conejo Valley (California) Unified Sch. Dist., 23 IDELR 448 (OCR, June 28, 1995);
Graduation - Aldine (Texas) Indep. Sch. Dist., 16 EHLR 1411 (OCR, July 12, 1990); and
Late bus transportation - Carmel Cent. (New York) Sch. Dist., 20 IDELR 1177 (OCR, September 30, 1993).
Rights under Section 504[edit]
Although not in the text of the statute, courts have held that individuals have a private right of action under Section 504.[citation needed] While punitive damages are not available, compensatory damages are available to plaintiffs.[13] Arguably, these rights extend to include emotional distress damages.
In addition to its responsibility for enforcing other federal statutes prohibiting discrimination in housing, the US Department of Housing and Urban Development (HUD) has a statutory responsibility under Section 504 to ensure that individuals are not subjected to discrimination on the basis of disability by any program or activity receiving HUD assistance. Section 504 charges HUD's Office of Fair Housing and Equal Opportunity with enforcing the right of individuals to live in federally subsidized housing free from discrimination on the basis of disability. Further, Section 504 covers employment discrimination based on disability and requires HUD and HUD-assisted agencies to make reasonable accommodations for the known physical or mental limitations of an employee or qualified applicant. It covers all HUD programs except for its mortgage insurance and loan guarantee programs.[14]
Any housing that receives federal assistance, such as Section 8 public housing, is subject to Section 504 regulations and requirements. Any person with a disability who feels himself or herself a victim of discrimination in a HUD-funded program or activity may file a complaint with HUD under Section 504. A complaint can be filed with HUD's Office of Fair Housing and Equal Opportunity.[15] If a person with disabilities feels subject to discrimination in a housing situation that does not receive federal assistance, they can also file a complaint through the Americans with Disabilities Act and Title VIII of the Civil Rights Act.
History[edit]
The early history of federal legislation benefiting people with disabilities includes the Civilian Vocational Rehabilitation Act of 1920 (Smith-Fess Act) passed after World War I, one of the first U.S. laws that provided services for all Americans with disabilities, not just veterans with disabilities.[16] Over the years, subsequent laws and amendments included additional vocational rehabilitation measures.[16]
Section 504 brought the language of the Civil Rights Act of 1964 to the Rehabilitation of Act of 1973.[17][18] As a law that fell within the office of Health, Education, and Welfare, this was an unlikely place for a social justice provision, yet inserting such a rights clause happened without fanfare.[18][19] Working behind the scenes on what most believed was a bill related to budget, a staffer added the thirty-five words that addressed issues of discrimination related to disability. This was a departure from prevailing views that considered disability to be purely a medical condition.[18] The law prohibited any entity receiving federal funding (such as government offices, schools, universities, hospitals, and post offices) from discriminating against someone because of a disability.
Concerned about costs and enforcement, the Nixon and Ford Administrations attempted to stall the regulations both by rewriting them and calling for further study regarding their impact if they did stay in their present form.[citation needed] Institutions such as universities and hospitals hoped to avoid bad publicity and huge expenses by waiting out the regulation process.[20]
Disability rights groups, especially the American Coalition of Citizens with Disabilities (ACCD),[21] understood the implications and advocated to keep them in place unchanged. Section 504 required another step before being implemented (and thus enforced), a signature from the Secretary of Health, Education, and Welfare (HEW). In 1975 a federal lawsuit was filed to force the agency to act. In July 1976, a federal district for Washington DC ruled that the regulations should be issued "with no further unreasonable delays." As the arrival of a new president drew near, HEW Secretary under departing President Gerald Ford, David Matthews, left them unsigned.[20][21]
During his campaign, Jimmy Carter promised to change this if he was elected president. When he took office in January 1977, he too grew concerned about costs and invited Joseph Califano, the new HEW head, to study the legislation and its implications by establishing a task force that did not include representation from ACCD or anyone with a disability.[citation needed] Word leaked out that the 504 regulations that insisted on full integration of people with disabilities were being changed into something more akin to “separate but equal.” ACCD members tried to reach President Carter, who had promised to support disability rights during a campaign speech in Warm Springs, Georgia, a significant location because it had been President FDR’s wheelchair-accessible “home away from home" while he was in the White House. Carter insisted that the matter fell to Califano.[18][20]
Protests and Outcome[edit]
After resistance from Joseph Califano to signing the regulations, national protests were organized, which are now known as the 504 Sit-in. Due to the pressure of the protests, Joseph Califano signed the regulations unchanged on April 28, 1977.[22][23][24][25] In San Francisco, the occupation would last another two days, until April 30, 1977, to give the occupiers time to clean up and to allow their fellow protesters time to return from Washington so they could all leave the building together with raised fists in triumph. Some also seemed reluctant to leave the disability city, the "mini-Woodstock" they had created.[18][26][27] The 504 Sit-in lasted a total of 25 days, and remains the longest nonviolent occupation of a federal building in U.S. history.[27]
Protesters held a large victory rally in Civic Center Plaza where occupiers sang "We Have Overcome," then toasted with champaign and gave victory speeches. Organizer Kitty Cone captured the mood and the accomplishment by saying: "We showed strength and power and courage and commitment, that we the shut-ins or the shut-outs, that we the hidden, supposedly the frail and the weak, that we could wage a struggle at the highest level of government and win!"[18][20][28]
Over the next several years, Section 504 was controversial because it afforded people with disabilities many rights similar to those for other minority groups in the Civil Rights Act of 1964. Throughout the Reagan administration, efforts were made to weaken Section 504. Patricia Wright and Evan Kemp, Jr. (of the Disability Rights Center) led a grassroots and lobbying campaign against this that generated more than 40,000 cards and letters.[22] In 1984, the administration dropped its attempts to weaken Section 504; however, they did end the Social Security benefits of hundreds of thousands of disabled recipients.[22]
The protest is considered ”perhaps the single most impressive act of civil disobedience in the United States over the last quarter-century.”[19][20] The success ensured that disability rights would be understood to be a civil right, that disabled people could claim an identity alongside those of racial, ethnic, and gender identities. It has been described as the Stonewall of the disability rights movement because it solidified the American struggle for disability rights. The successful action showed people with disabilities to be capable of grassroots action and ongoing public protest for the first time in history.[citation needed] It brought together people with different disabilities to forge coalitions that would work together to draft and pass the 1990s Americans with Disabilities Act (ADA).
The protests also led Califano to sign the regulations for the 1975 Education for All Handicapped Children Act, another law awaiting a signature from the head of HEW after congress had passed it. Along with provisions from 504, this law paved the way for bringing children with disabilities into the educational mainstream, giving them access to better schooling and opportunities.[18]
The new law provoked some resistance and backlash from organizations that complained of costs.[18]
504 trainings[edit]
As part of the 504 victory, the federal government funded disability activists to travel across the United States to explain to people with disabilities and local officials the rights guaranteed by the law. This helped spread the disability rights movement beyond the San Francisco Bay Area.
Section 504 and the Americans with Disabilities Act (ADA)[edit]
The 504 occupation created a generation of disability rights activists and advocates who would go on to draft the Americans with Disabilities Act (ADA) of 1990. The ADA can be viewed as picking up where 504 left off, handling the more difficult, complex situations.[17] Using Section 504 as a template, the framers of the ADA sought to extend provisions that now applied to government to much of the private sector (notably private employers, stores, hotels, and restaurants). The new law also specifically stated that the ADA would not amend or weaken Section 504. Because of being drafted based on 504, the ADA also framed disability in the context of civil rights rather than as a medical need, using terms such as "discrimination," "reasonable accommodation," and "otherwise qualified."[17] The cross-disability coalitions forged during the 504 protests also ensured that the ADA would employ a broad definition of disability so that it could encompass a wide variety of impairment groups.[27] Like Section 504, the ADA includes people with psychiatric disabilities, alcoholics, and recovered drug addicts (though current drug users are excluded).[17]
Activists formed by the 504 occupation such as Patricia Wright spent the next thirteen years building relationships in Washington that would help pave the way for passing the ADA.[18]
With thirteen years of Section 504 on the books, framers of the ADA could point to evidence that the earlier law had not led to the massive economic collapse that some had predicted.[18] (115-6)
See also[edit]
Fair Housing Act
Air Carrier Access Act
Notes[edit]
Jump up ^ Cone, Kitty. "Short History of the 504 Sit in". dredf.org. Disability Rights Education & Defense Fund. Retrieved September 20, 2016.
Jump up ^ "29 U.S. Code § 794 - Nondiscrimination under federal grants and programs". law.cornell.edu.
^ Jump up to: a b "Your Rights Under Section 504 of the Rehabilitation Act" (PDF). DHHS.gov (June 2006 ed.). Office for Civil Rights, US Dept. of Health & Human Services. June 2000. Archived from the original on March 17, 2015. Retrieved September 20, 2016.
^ Jump up to: a b "Section 504, Rehabilitation Act of 1973 (29 U.S.C. § 701)". dol.gov. Office of the Assistant Secretary for Administration and Management, US Dept. of Labor.
^ Jump up to: a b Richards, David M. "Overview". Council of Educators for Students with Disabilities; Richards Lindsay & Martin, L.L.P. Archived from the original on February 4, 2005. Retrieved September 20, 2016.
Jump up ^ "Section 504 of the Rehabilitation Act of 1973: Prohibiting Discrimination Against Individuals with Disabilities in Programs or Activities Receiving Federal Assistance" (PDF). Law Librarians' Society. Retrieved 11 May 2017.
Jump up ^ Hall, L.M.; Belch, H.A. (2000). "Setting the context: Reconsidering the principles of full participation and meaningful access for students with disabilities". New Directions for Student Services. 91.
Jump up ^ Connor, D.J. (2012). "Helping students with disabilities transition to college: 21 times for students with LD and/or ADD/ADHD". TEACHING Exceptional Children. 44 (5): 16–25.
Jump up ^ Hadley, W (2011). "College student with disabilities: A student development perspective". New Directions for Higher Education. 154 (Summer).
Jump up ^ Title 34—Education § 300.8 "Child with a disability means a child . . . having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as ‘‘emotional disturbance’’), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services."
Jump up ^ "The Difference Between IEPs and 504 Plans". Understood: for learning & attention issues. Retrieved 5 January 2017.
Jump up ^ "Protecting Students With Disabilities". ed.gov. US Dept. of Education.
Jump up ^ "Barnes v. Gorman, 536 U.S. 181 (2002)". onecle.com. Onecle Inc. p. 185. Retrieved September 20, 2016.
Jump up ^ "Section 504". HUD.gov. US Dept. of Housing and Urban Development. Retrieved August 15, 2013.
Jump up ^ "Fair Housing / Equal Opportunity". HUD.gov. US Dept. of Housing and Urban Development. Archived from the original on April 2, 2012. Retrieved August 15, 2013.
^ Jump up to: a b "A Brief History of Legislation". Resources for Disabled Students. Colorado State University. Retrieved January 19, 2017.
^ Jump up to: a b c d Fleischer, Doris Zames (2001). The Disability Rights Movement: from Charity to Confrontation. Temple University Press. p. 93.
^ Jump up to: a b c d e f g h i j Shapiro, Joseph (1993). No Pity: People with Disabilities Forging a New Civil Rights Movement. Three Rivers Press. pp. 64–70.
^ Jump up to: a b Schweik, Susan (2011). ""Lomax's Matrix: Disability, Solidarity, and theBlack Power of 504"". DSQ (Disability Studies Quarterly). 31:1.
^ Jump up to: a b c d e Shaw, Randy (2013). The Activists Handbook: Winning Social Change in the 21st Century,. University of California Press. pp. 202–208.
^ Jump up to: a b Barnartt, Sharon; Scotch (2001). Disability Protests: Contentious Politics: 1970-1999. Gallaudet University Press. pp. 164–166.
^ Jump up to: a b c "Disability History Timeline". Rehabilitation Research & Training Center on Independent Living Management. Temple University. 2002. Archived from the original on 2013-12-20.
Jump up ^ "The Regents of the University of California. 2008. "The Disability Rights and Independent Living Movement." Berkeley, CA: The University of California Berkeley". Retrieved 6 October 2014.
Jump up ^ "Political Organizer for Disability Rights, 1970s-1990s, and Strategist for Section 504 Demonstrations, 1977". cdlib.org.
Jump up ^ "Kitty Cone". Encyclopedia of American Disability History. Facts On File, Inc. 2009.
Jump up ^ O'Toole, Corbett Joan (2015). Faded Scars: My Queer Disability History. Autonomous Press. pp. Chapter 5.
^ Jump up to: a b c "Patient No More: People with Disabilities Securing Civil Rights," Online Exhibit sponsored by Paul K. Longmore Institute on Disability, San Francisco State University". Retrieved 2016-11-19.
Jump up ^ Cone, Kitty. "Kitty Cone Victory Speech". DREDF. Retrieved 2016-11-19.
Additional references[edit]
Scotch, Richard, K. "From Good Will to Civil Rights: Transforming Federal Disability Policy". Temple University Press, 2001.
Switzer, Jacqueline Vaughn. Disabled Rights: American Disability Policy and the Fight for Equality. Georgetown University Press, 2003.
OCR Senior Staff Memoranda, “Guidance on the Application of Section 504 to Noneducational Programs of Recipients of Federal Financial Assistance,” January 3, 1990.
Lynch, William, "The Application of Title III of the Americans with Disabilities Act to the Internet: Poor E-Planning Prevents Poor E-Performance," 12 CommLaw Conspectus: Journal of Communications Law and Policy 245 (2004).
External links[edit]
The Act (archived July 2007) at blind.net
Federal Government websites
Discrimination on the Basis of Disability, US Dept. of Health & Human Services
Frequently Asked Questions About Section 504 and the Education of Children with Disabilities, Office for Civil Rights, US Dept. of Education
File a housing discrimination complaint
The Power of 504, documentary
"Section 504". NICHCY.org. National Dissemination Center for Children with Disabilities. Archived from the original on June 19, 2010. Retrieved September 20, 2016.
Section 504 and Food Allergy Primer
Fairbanks North Star Borough School District Section 504 Handbook, includes forms and outlines and excellent information regarding Section 504
Section 504 Training at University of Iowa
Section 504 at Cybertelecom.org; implications for the provision of information technology
Gaskin Class Member, a blog written by the mother of a class member in a statewide lawsuit regarding inclusion in education in Pennsylvania
The Inherent Dilemmas of a Schedule "A" Appointee at PSRetirement.com
Extracurricular Activities
Crabtree, Robert. "Section 504: Accommodations & After-School Programs". wrightslaw.com.
Stinson, Phil. "Non-Academic and Extracurricular Services under Section 504". specialchild.com.
Beyond the Classroom, iPAT University of Iowa
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