chapter  8
17 Pages

The Right to Exclude

Locating Section 504 in the Disproportionality Debate
WithNirmala Erevelles

This chapter focuses specifically on Section 504 of the Rehabilitation Act of 1973, a civil rights statute that requires that the needs of disabled students be met as adequately as the needs of nondisabled students in the regular classroom. It discusses the significance of the findings using the conceptual framework of Disability critical race studies. The chapter describes particular racialized discourses and ableist practices that contribute to the historical conditions that have created racial disproportionalities under Section 504. It also describes some of the oppressive and punitive consequences for black students when they are excluded from protection under Section 504. The chapter reflects on the broader social and political implications that arise from these conditions of disproportionality and the ensuing dis-location of black disabled students from white normative space as a result of their exclusion from protection under Section 504.