At Wrightslaw, our goals are to help you gain the information and skills you need to navigate the confusing world of special education. In this issue, we look at Section 504 of the Rehabilitation Act.
states lowering the bar of expectations; sending special ed kids
home early; child with 504 plan is failing, school won't evaluate;
Section 504 accommodations & after school programs;
EducationNews; caselaw about Section 504, discrimination, damages;
free pub about transition for college students; help for college
students with disabilities.
you want to help others learn about special education law and
advocacy, please download the Wrightslaw
flyer and Free
parents and educators have questions about Section 504 of the
Rehabilitation Act and 504 Plans. In this issue of The
Special Ed Advocate, we answer questions about
protections under Section 504 of the Rehabilitation Act.
2. Is Your State Lowering the Bar?
In the last issue of The Special Ed Advocate, we offered these quotes:
states have lowered the bar of expectations to hide the low
performance of their schools . . . others are discussing how they
can ratchet down their standards to remove schools from their list
of low performers."
made these statements? Dr. Rod Paige, Secretary of the U. S.
Department of Education! To learn why Dr. Paige made these
statements and to whom, read Lowering
the Bar of Expectations at:
3. Is It Legal to Send Special Ed Kids Home Early?
"In my district, special ed kids are sent home from school early - from 30 minutes to an hour earlier than regular ed students This doesn't seem right. When I asked about it, I was told that 'All special ed students are released early' and 'That's the rule.'"
"Is this legal?"
Surprisingly, we receive many questions from parents and teachers
about school districts that have one set of rules for "special
ed kids" and a different set of rules for everyone else. Read
It Legal to Send Special Ed Kids Home Early?":
4. Child with 504 Plan is Failing, School Won't Evaluate
"My daughter is in 8th grade. She has early onset bipolar disorder. She has a 504 plan. On recent progress reports, she received two C's and two F's. Her doctors say she should qualify for an IEP under the Other Health Impairment" category."
"When I asked the school for help, the principal said she had to receive a failing grade on her report card before the school can test her. Until she fails, the principal cannot request testing."
school says she must have a discrepancy between ability and
achievement but they will not evaluate her to determine if she has a
discrepancy between ability and achievement."
5. Section 504: Accommodations & After School Programs by Robert Crabtree, Esq.
"My 8-year-old son has been kicked out of an after-school program run by a nonprofit agency in his elementary school building. He has ADD and behavioral problems and is on an IEP during his school day. The director of the program said, "He has an oddness and intensity about him that frightens the other children." Don't they have to try to include him?"
What do you think? Are after-school programs required to accommodate children with disabilities?
Parent attorney Bob Crabtree answers this question and discusses the responsibilities of private programs in providing services to children with disabilities in Section 504: Accommodations & After School Programs at:
6. EducationNews.org - Subscribe Today!
Every morning, you will receive an issue of EducationNews with links to news around the world. Nationally recognized experts provide commentaries on various aspects of education. EducationNews.org staff writers cover the latest education issues and bring you a thorough, complete analysis of events, policies, and situations that affect education.
EducationNews.org is a remarkable resource!
7. Legal Corner: Section 504, Discrimination, Damages
IDEA & Section 504: 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. Download Yankton v. Schramm:
Section 504, ADA, Discrimination & Damages
Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability. In cases brought on behalf of children with disabilities, several courts of appeals have ruled that parents must first exhaust their administrative remedies under the IDEA before they can bring a damages case under Section 504 and/or the Americans with Disabilities Act (ADA).
Learn more about Section 504, ADA and Discrimination at:
8. Free Pub: Section 504 & Transition to College
publication from the U. S. Department of Education and the Office of
Civil Rights is written for students who plan to continue their
education after high school. This five-page booklet includes answers
to questions about admissions, accommodations & academic
adjustments, documentation, evaluations, and discrimination under
Section 504 of the Rehabilitation Act.
9. Help for College Students with Disabilities Flyer
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.
10. Subscription & Contact Info
The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, tactics and strategy, and Internet resources. Subscribers receive announcements and "alerts" about new cases, events, and special offers on Wrightslaw books.
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