11 Things You Need to Know About Section 504 and Special Education to Help Your Child!

Do you have a child with autism, or a learning disabilitysame benefit, or reach the same level of achievement
that has suffered discrimination in school related toas other students. This is so important to know
their disability? Have they been harassed, emotionallybecause many children's services are not the same as
damaged, or physically hurt in school by anothertheir non disabled peers, and the child is not expected
student or school staff that is disability related? Sectionto reach the same level of achievement as their non
504 is a civil rights law that prohibits disability related todisabled peers! Though I have believed for many years
a persons disability in any program that receivesthat will appropriate related and special education
federal funding. This article will be discussing 11 thingsservices children with disabilities can achieve the same
about Section 504 that you can use to protect youras their non disabled peers.
child.6. Reasonable accommodations must be given to
1. Disability harassment defined. In a letter from the USmeet the needs of students with disabilities.
Department of Education's Office for Civil Rights (that7. Children with disabilities must be educated with their
investigates Section 504 complaints) describes what isnondisabled peers to the maximum extent appropriate,
considered disability harassment. The letter states:and in the most integrated setting appropriate to the
When the harassing conduct is sufficiently severe,needs of the child.
persistent or pervasive that it creates a hostile8. Children with disabilities must be taught using state
environment, adversely affecting the student's ability tostandards that apply to general education, and their
participate in or benefit from the educational program.non disabled peers. Failure to apply standards to
The letter further states that harassment based onstudents with disabilities is a failure to provide
disability may decrease the student's ability to benefitcomparable benefits and services under Section 504.
from his or her education and amount to denial of a9. A child being excluded from taking district and state
Free Appropriate Public Education (FAPE) under IDEAwide standardized tests may be a violation of the laws
and Section 504.comparable benefits. Why? Because standardized
2. In the above letter the Department of Education alsotesting makes school districts accountable for teaching
states that the discrimination can be done not only bychildren according to the academic standards set by
school staff, but also by students. Many school districtsthe state for all children. Testing is accountability and
have taken the position that they are not responsibleshould be used for most children.
for student's actions-though many courts have found10. Some parents have been successful in getting
that they are.services for their children under this law that they have
3. Children with disabilities who receive specialbeen unable to get under IDEA. The Early Complaint
education services under IDEA are automaticallyResolution Process is a good way for parents to give
eligible for the protections under Section 504.input on how their complaint can be resolved, to benefit
4. Children with disabilities have the right to achieve astheir child.
adequately as persons without disabilities under this11. It is possible to file a Section 504 claim in IDEA
law.cases, but the parent must prove that the school
5. Children also have the right to receive services andemployee showed either bad faith or gross
benefits that are comparable to those given their nonmisjudgment before they can prevail.
disabled peers. For benefits or services provided to beConsider using Section 504 to help get your child
equally effective they must afford students with anneeded special education services as well as stopping
equal opportunity to obtain the same result, gain thebullying and retaliation!