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News! On March 31, 2008, a District Court issued a decision denying the motion by the Atlanta Public School District (“APS”) to dismiss Jarron Draper’s civil rights claims for monetary damages after APS discriminated against him, harassed him, and retaliated against him and his family over a period of many years. Read story. Download decision.
Section
504 is a civil rights law that prohibits discrimination against individuals with
disabilities. Section 504 ensures that the child with a disability has equal access
to an education. The child may receive accommodations and modifications. 
Unlike the Individuals
with Disabilities Education Act (IDEA), Section 504 does not require the school
to provide an individualized educational program (IEP) that is designed to meet
the child's unique needs and provides the child with educational benefit. Under
Section 504, fewer procedural safeguards are available to children with disabilities
and their parents than under IDEA.
Advocacy
To be an effective advocate for a child with a disability, you need to
know your rights and responsibilities under the IDEA and Section 504. You also
need to learn advocacy
skills.
Download Free Flyer! Help
for College Students with Disabilities Flyer. College-bound students need
to learn self-advocacy skills - how to present information about their disability
and accommodations so professors want to help. If students master these skills,
they are more likely to make a successful transition from high school to college.
Qs & As
Child
with ADD Kicked Out of After-School Program. Parent attorney Bob Crabtree
answers questions and describes responsibilities of private programs to provide
services to children with disabilities; suggests strategies parents may use to
resolve problems with day care and after-school program providers. Discrimination:
Sending Special Ed Kids Home Early. Surprisingly, we continue to receive questions
about school districts that have one set of rules for "special ed kids"
and a different set of rules for everyone else. This article answers the questions,
then describes a successful OCR complaint brought by a group of parents in Virginia.
Child
with 504 Plan Failing, School Won't Evaluate. Child has a 504 Plan;
grades dropping; school will not evaluate for IEP because child does not have
failing grades on report card. Parent needs a game plan.
How
Can I File a Section 504 Complaint? The parent is distressed when his child
was suddenly dismissed as manager of a sports team. Sue Heath offers a plan to
deal with the crisis and answers his questions about how to get an appropriate
504 Plan and ensure that the school implements the plan. Child
Has Health Problems, School Reports Him Truant Sue Heath explains, "You
need to take steps to document that your child's absences were due to illness.
You also need to prevent this from happening again. Here is your
plan . . .". This
article includes links to sample Section 504 plans and health plans.
Self-Advocacy:
Know Yourself, Know What You Need, Know How to Get It by Nancy Johnson. "Self-advocacy
is the ability to understand and effectively communicate one's needs to other
individuals. Learning to become an effective self-advocate is all about educating
the people around you. There are three steps to becoming an effective self-advocate
. . ."
Who
is Eligible for Protections Under Section 504 - But Not Under IDEA? Who
is protected under Section 504? A student with AIDS? A student with ADD? A student
with asthma? Word
Banks and Calculators: Pete Answers Questions About Accommodations and Modifications.
Do teachers have to provide the accommodations and modifications listed in the
IEP? Pete answers questions, offers thoughts about teaching skills v. providing
accommodations and modifications, Diana Hanbury King and Helen Keller, and his
"Big Gripe" about special education.
Accommodations
and Modifications for College Students. Do colleges have to provide accommodations
for disabled students? Dr. Mike Brown offers advice about dealing with colleges.
To
Top Legal
Articles
ADA & Day Care Centers: Burriola v. Greater Toledo YMCA. Many parents
find day care centers unwilling to accept their children with disabilities. The
doors to day care centers opened wider for children when a federal judge issued
an injunction on behalf of Jordan Burriola, ordering the center to reinstate him
and train their staff. This article includes links to pleadings and an article
by Tom Zraik, Jordan's attorney.
Advocating
for the Child with Diabetes - This article by Dr. William L. Clarke provides
specific examples of how parents and others encountered barriers and resolved
conflict with schools; includes suggestions for participation in the advocacy
process. Doing
the Right Thing: Court Vindicates School Nurse in Retaliation Case - Linda
McGreevy is a licensed professional nurse, a pediatric nurse practitioner, and
a certified school nurse. During the first five years when she worked as a school
nurse in the Bermudian Springs Elementary School, she received excellent performance
evaluations. Suddenly, her her evaluations dropped to unsatisfactory levels. What
caused her fall from grace?
Education
Discrimination Information - excellent resources from the American Diabetes
Association.
Employment
Law Protections for Parents of Disabled and Ill Children. Attorney Loring
Spolter describes The Family and Medical Leave Act (FMLA) that provides important
job protections to parents who take time off from work to be with children receiving
medical and psychiatric care or are recuperating from serious health concerns.
Model Policy Prohibiting
Harassment, Intimidation and Bullying on School Property, at school Sponsored
Functions, and on School Busses from Sussman
and Greewald, a New Jersey law firm that represents children with disabilities
and their parents.
Section
504, the ADA, and Education Reform. Describes key concepts under Section 504
and ADA: comparable benefits and services, criteria and methods of administration,
reasonable accommodations; and maximum feasible integration. Describes use of
standards as a strategy for education reform.
Wrightslaw
Discussion of Section 504, the ADA, and the IDEA. Many parents and educators
are confused about rights and benefits under Section 504 and the IDEA. This article
describes the purposes of these laws and differences in legal rights in several
important areas: eligibility, procedural safeguards, impartial hearings, access
v. educational benefit, and discipline. To
Top
Section 504 Plans, Accommodations & Modifications
Sample
Section 504 and Medical Management Plans - The The American Diabetes Association
offers excellent model 504 Plans and health plans. These forms can be modified
to cover other medical problems. Tip: Consult with your child's pediatrician
to make sure the plan is complete and covers all your child's health needs.
Qs
& As about IDEA, Students with Disabilities and State and District Assessments.
"Family friendly" version of OSEP Memorandum about assessments; 26 questions
and answers about parental permission, role of IEP team, accommodations and modifications;
alternate assessments, out-of-level testing, accountability, and more.
Accommodations
& Modifications. Some students with disabilities need accommodations or
modifications to their educational program. This short article defines these terms
and provides helpful suggestions for changes in textbooks and curriculum, the
classroom environment, instruction and assignments, and behavior expectations.
(4 pages, pdf)
Accommodations Manual: How to Select, Administer, and Evaluate Use of Accommodations for Instruction and Assessment of Students with Disabilities. (pdf format) Developed by the Council of Chief State School Officers (CCSSO) State Collaborative on Assessment and Student Standards Assessing Special Education Students.
To
Top Caselaw
Burriola
v. Greater Toledo YMCA. Jordan Burriola, a young child with autism, was abruptly
terminated from his day care center. In Jordan Burriola v. Greater Toledo YMCA,the
Court issued an injunction against the YMCA. The YMCA was ordered to reinstate
Jordan and train staff to work with him. Order
in pdf
Jarron Draper v. Atlanta Public School District (N.D. GA 2008) Court denies motion by Atlanta Public Schools (“APS”) to dismiss Jarron’s civil rights claims for damages after APS discriminated against him, harassed him, and retaliated against him and his family over many years; monetary damages requested under Section 504. (PDF)
J.
S. v. Isle of Wight VA Sch. Bd, U. S. Court of Appeals for the Fourth Circuit.
Money damages are not available because Congress intends disabled children to
pursue claims to FAPE through remedial mechanisms in the IDEA statute; extensive
discussion of statute of limitations and federal "borrowing" doctrine.
(2005)
Linda
McGreevy v. Stroup, Tsosie, Soltis, Bermudian Springs Sch. District
- U. S. Court of Appeals for the Third Circuit held that school administrators
may be officially and individually liable for retaliating against a school nurse
who advocated for children with disabilities.
(2005)
Polera
v. Bd Ed. Newburgh City Sch. Dist, U. S. Court of Appeals for the Second Circuit.
In damages case under Section 504 and ADA, disabled child must first exhaust administrative
remedies under IDEA (2002).
Judith
Scruggs, Administratix of Estate of Daniel Scruggs v. Meriden Bd of Ed., E. Ruocco,
M. B. Iacobelli, and Donna Mule (U. S. D. Conn. 2005) Suit for actual and
punitive damages against school board, superintendent, vice principal and guidance
counselor under IDEA, ADA, 504, 42 USC 1983, 1985 and 1986. Child bullied, harrassed
in school for years while school personnel looked on, did nothing. Child committed
suicide. Includes a discussion of why parent did not have to exhaust admininistrative
remedies under IDEA.
W.B.
v. Matula, U. S. Court of Appeals for the Third Circuit. Availability of damages
under Section 504, IDEA, and Section 1983 when district refused to evaluate, classify
and provide appropriate services to disabled child; exhaustion, qualified immunity,
due process (1995). Yankton
v. Schramm. In a case involving a high school student with cerebral palsy,
the U. S. Court of Appeals for the Eighth Circuit discusses eligibility for special
education and related services under IDEA, Section 504, and transition plans.
To
Top
Free Pubs
Accommodations Manual: How to Select, Administer, and Evaluate Use of Accommodations for Instruction and Assessment of Students with Disabilities. (pdf format) Developed by the Council of Chief State School Officers (CCSSO) State Collaborative on Assessment and Student Standards Assessing Special Education Students.
The Accommodations Manual presents a five-step process for individualized educational program teams, 504 plan committees, general and special education teachers, administrators, and district-level assessment staff to use in the selection, administration, and evaluation of the effectiveness of the use of instructional and assessment accommodations by students with disabilities. The guidance in the manual pertains to students with disabilities who participate in large-scale assessments and the instruction they receive. Word Format
All
Kids Count: Child Care Centers & the ADA. (The Arc) Describes obligations
of child care providers under the ADA.
Becoming
a Diabetes Advocate in the School - Learn how to advocate for students with
diabetes using a four-pronged approach - educate, negotitate, litigate, and legislate.
Published by the American Diabetes Association (8 pages, PDF)
Commonly
Asked Questions About Child Care Centers and the Americans with Disabilities Act.
(U. S. Department of Justice) 13-page publication explains how ADA requirements
apply to Child Care Centers; describes ongoing enforcement efforts in child care
by Department of Justice; provides resource list of information about the ADA.
Protecting
Students from Harassment and Hate Crimes: A Guide for Schools (U. S. Department
of Education Office for Civil Rights and National Association of Attorneys General).
Many children experience sexual, racial and ethnic harassment at school. This
Guide provides guidance about protecting students from harassment and violence
based on race, color, national origin, sex, and disability. Download
Rehabilitating
Section 504 (National Council on Disability) One
of a series of analyses by the National Council
on Disability (NCD) about federal enforcement of civil rights laws. Rehabilitating
Section 504 provides
a blueprint for addressing the shortcomings that have hindered compliance and
enforcement of Section 504 of the Rehabilitation Act. Safe
at School: Diabetes in the Classroom - Is your child's school equipped to
treat your child's diabetes? Includes success stories of school districts that
have adopted policies to ensure that children are safe.
Students with Disabilities Preparing for Postsecondary Education: Know Your Rights
and Responsibilities (U. S. Department of Education). Booklet
for students who plan to continue their education after high school; includes
questions and answers about admissions, accommodations & academic adjustments,
documentation, evaluations, and discrimination under Section 504 of the Rehabilitation
Act. In html Information
from the Office of Civil Rights (OCR)
Office
of Civil Rights - "We serve student populations facing discrimination
and the advocates and institutions promoting systemic solutions to civil rights
problems. An important responsibility is resolving complaints of discrimination."
How to
File a Discrimination Complaint with the Office for Civil Rights in English
(September 29, 2005)
How
to File a Discrimination Complaint with the Office for Civil Rights in Spanish
(September 29, 2005)
Customer
Service Standards for the Case Resolution Process
OCR's
Complaint Resolution Procedures
Contact
OCR
The OCR Case
Resolution and Investigation Manual To
Top
News
Judge Rules that Jarron's Draper's Civil Rights Case Can Continue - District Court issues a decision that denied the motion by the Atlanta Public Schools (“APS”) to dismiss Jarron Draper’s civil rights claims that APS discriminated against him and retaliated against him and his family. Jarron Draper "asserts that he suffers from injuries as a result of his educational deprivations that cannot be addressed by any amount of compensatory education" and is requesting damages under Section 504 of the Rehabilitation Act. (March 31, 2008)
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Last Revised: 04/21/08
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