Section 504 is part of the Rehabilitation Act of 1973. It is a national civil rights law that protects qualified individuals from discrimination based on their disabilities. It is designed to eliminate discrimination in programs and activities that receive federal funds. Since all public schools receive federal funding, all public school districts must comply with Section 504.
Section 504 is not meant to maximize a student's potential. It is meant to level the playing field so that disabled students have the opportunity to participate and benefit from educational academic and extracurricular programs. It requires school districts to meet the needs of disabled students as adequately as the needs of non-disabled students. Because Section 504 seeks equality of opportunity and benefit between the disabled and non-disabled students, it relies on making comparisons between the student being evaluated with his/her non-disabled peers.
Section 504 requires school districts to provide free appropriate public education (FAPE) to each qualified student within the district who has a disability that substantially limits his/her participation in or benefit from programs and activities, regardless of the severity of the disability.
Section 504 Complaint Process:
- Attempt Informal Resolution (Immediate Steps)
Before filing a formal complaint, try to resolve the dispute at the local level:
- Contact the Teacher: Email or talk directly to the teacher to discuss the issue.
- Contact the School/District 504 Coordinator: If the teacher cannot resolve it, contact the school principal or the designated district 504 coordinator to request a meeting to discuss concerns.
- File an Internal School District Grievance (Formal)
If informal steps fail, you can file a formal, written grievance with the school district.
- Submit in Writing: Send a formal, written complaint to the District 504 Coordinator.
- Content of Complaint: Include the student's name, address, description of the alleged violation, and desired resolution.
- Request an Impartial Hearing
If the school fails to resolve the issue, you can request an impartial hearing.
- This is a "mini-trial" where you present your side to a neutral hearing officer.
- You have the right to have an attorney or advocate present.
- Send a written request for a hearing to the school district or superintendent.
- File an Office for Civil Rights (OCR) Complaint (Federal)
If you believe your child is being discriminated against due to their disability, you can file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR).
- Method: You can file online via the OCR Electronic Complaint Form or mail a letter to your regional OCR office.
- Content: Clearly state what happened, when it occurred, and why you believe it violates Section 504.
- Note: The OCR often does not review individual educational decisions (like specific services) but will investigate if the school followed proper procedures.
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