Special Education Law and Disability Advocacy
"Protecting Special Needs Children And Their Families"
Special Needs Planning
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Medicaid and SSI Applications
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Special Education
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Special Education Law Services
- IDEA Due Process Hearings
- IEP Meetings
- Section 504 Hearings
- ADA Litigation
Fabisch Law Special Education Resources
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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.
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Fabisch Law, L.L.C.
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