Special Education Law and Disability Advocacy
"Protecting Special Needs Children And Their Families"
Special Education Law Services
- Section 504 Hearings
Special Education Services
Section 504 Hearings
Section 504 of the Rehabilitation Act of 1973 is an federal statute that provides important rights for students with disabilities. Section 504 prohibits all recipients of federal funding from discriminating on the basis of an individuals disability. All public schools are recipients of some form of federal funding and therefore must comply with Section 504. A key difference between the IDEA and Section 504 is that Section 504 applies to any student with a disability, whether or not the student is classified under the IDEA as a student with a disability. A disability is a physical or mental impairment which substantially limits one or more major life activities. Major life activities include caring for oneself, seeing, hearing, walking, breathing, working and learning. More children qualifying under Section 504 than under the IDEA, as there is a broader standard of disability. Under Section 504, a child with a disability is entitled to a 504 Plan, or if classified under the IDEA, to an IEP. A 504 Plan accommodates the child's disability, and may also include services to address the child's needs. A child with a 504 Plan is entitled to a free, appropriate public education which can include both special education and related services. When a parent believes their child is not receiving appropriate services under Section 504, or if the 504 Plan is not being implemented, the parent has a right to a due process hearing. Parents who are not satisfied with the results of the hearing may bring an action in the United States District (Federal) Court.
Fabisch Law, L.L.C.