Section 504 of the Rehabilitation Act of 1973 safeguards the rights of individuals with disabilities in programs and activities receiving federal financial assistance (i.e. public schools).
Who is entitled to FAPE?
According to the Section 504 regulation, any person with a disability is entitled to a free appropriate public education. The act defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. For school-age children, a qualified person with a disability includes those who are of mandatory school age and those who are entitled to receive special education under the Individuals with Disabilities Education Act (IDEA).
What is an appropriate education, according to Section 504?
An appropriate education for students with disabilities can take many forms, depending on their needs. It may involve education in regular classes, the use of related aids and services in regular classes, or special education and related services in separate classrooms for part or all of the school day. Additionally, it may entail temporary home bound placement, as necessary. Special education may consist of specially designed instruction either in classrooms, at home, or in public or private institutions, alongside related services such as speech therapy, occupational and/or physical therapy, psychological counseling, behavioral services, and medical diagnostic services when necessary for the child’s education.
To support an inclusive education, students with disabilities must be educated with their nondisabled peers to the maximum appropriate extent. Public schools must ensure that students with disabilities have equal opportunities to participate in non-academic activities including physical education, athletics, transportation, and recreational activities. No student should be excluded from these services based on their disability.
The importance of Evaluation and Placement
One common issue that arises in providing FAPE is the misclassification and inappropriate placement of students with disabilities. To prevent this, section 504 requires schools to follow proper evaluation and placement procedures. Before any action is taken regarding a child’s initial placement, or significant changes to their placement, the school district must conduct or arrange for an independent evaluation at no cost to the caregivers. These evaluation procedures should be intentionally designed to avoid misclassifications and administered only by trained personal following pre-established guidelines.
Due Process Procedures for Caregivers
Caregivers have the right to be involved in the educational process of their children with disabilities. Section 504 requires that schools provide set procedural safeguards regarding the identification, evaluation, and educational placement of students with disabilities. This includes notifying caregivers of any evaluation or placement actions and granting them access to their child’s records upon request.
If caregivers disagree with the school’s decisions, they have the right to an impartial hearing and representation by counsel. Additionally, an appeal procedure is available for those who disagree with the hearing decision.
What does a Free Education Entail?
The provision of a free education means that the education and related services should be provided without cost to the person with a disability or their caregivers, except for free equally imposed on nondisabled individuals. In cases where a public school is unable to provide FAPE, they may place a student with a disability in a program other than the one they operate, ensuring the education offered is still at no cost to caregivers and still appropriate. Additionally, if caregivers feel their current school is not capable of providing FAPE, they can request a change in placement.
We all play a crucial role in ensuring an inclusive and equitable education for all students. Understanding these laws and actively participating in the educational process allows us to work together with schools to ensure the best possible education for our children with disabilities. If you have questions or concerns about FAPE or your child’s rights under Section 504, you can reach out to us, your schools administration or the U.S. Department of Education’s Office for Civil Rights.