Section 504 of the Rehabilitation Act of 1973 requires that individuals with disabilities receive the same public education as any other qualified individual. Any school or program that receives federal funding must comply with Section 504.
Section 504 operates in conjunction with the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). The three laws govern requirements and set minimums for how schools and other educational institutions must treat students with disabilities.
One part of these requirements is that schools provide free appropriate public education (FAPE) to all individuals with a qualifying disability. A school district must provide support to any student within a district's jurisdiction regardless of the student's severity or type of disability. Understanding how this determination is made and what FAPE means in practice can help you ensure your student gets the education to which the law entitles them.
Moreover, by understanding FAPE, you will know when a school or district is failing in its obligations and when you will need to bring in outside assistance, such as the Lento Law Firm, which is experienced in education and disability rights law.
Who Is Entitled to FAPE?
In general, Section 504 covers school-aged children. IDEA covers grades K-12, which is generally defined as individuals between the ages of 3 and 21, although some school districts put the upper limit at 22. Once a student graduates from high school or its equivalent, IDEA and, by extension, Section 504 no longer apply to that individual.
Both Section 504 and IDEA define what qualifies as a disability. Students must have one of these disabilities in order to qualify under FAPE. Disabilities can be mental, physical, or emotional.
Section 504, for example, defines a person with a disability as someone who:
- has an impairment, either physical or mental, that limits one or more activities
- has a record or diagnosis of such impairment
OR
- "is regarded as having such an impairment"
The final option does not excuse a student or their family from providing proof of a limitation or disability. Students must qualify under IDEA to be entitled to FAPE.
If you believe your child has been misdiagnosed or if a school district refuses to acknowledge your child's disability, you should work with the Lento Law Firm to protect your child and ensure they receive the education to which they are entitled under the law.
Individualized Needs
Federal law requires that programs and services provided to students with disabilities meet each student's individual needs. Once a student provides evidence of a disability, the most common path to provide accommodations is via an Individualized Education Program (IEP).
IEPs fall under IDEA. The goal of IEPs is to put students with disabilities on a similar footing to students without disabilities. The goal of federal law is to ensure students with disabilities have access to services and programs that adequately address their needs in the same way the needs of students without disabilities are met. This includes ensuring that teachers and staff who work with students with disabilities have the proper training to assist them.
What Is FAPE?
Students with disabilities have a right to FAPE and to services that address their individual needs. By considering each word in FAPE, you can better understand what FAPE does and does not cover. FAPE includes not only classroom instruction but also nonacademic services and extracurricular activities.
Free
Students, regardless of whether they have a disability, are entitled to free education. For students with disabilities, free education includes special education and other services without additional cost to their families. When and if extra fees are accessed, they must apply to all students and not only to students with disabilities.
For example, a student who receives weekly speech therapy should not be charged an additional fee. If a student's entire class is going on a field trip to the aquarium and every student is expected to pay $10, schools may require parents to pay those fees regardless of a child's disability.
In some cases, a school district may not have the resources or programs to support a student with disabilities. In this situation, the government will pay for a student to attend another school, including a private school, to ensure they receive the education they are entitled to by law.
Appropriate
The U.S. Department of Education defines appropriate as including:
- Education in regular classes
- Education in regular classes with the related aids and services
and/or
- Special education and other services separate from regular classes for all or part of the school day
What is appropriate depends on each student and their needs. Federal law requires that schools consider the unique needs of a student. This is why an Individualized Education Program (IEP), as required under IDEA, or a 504 Plan, is crucial for any student with disabilities.
Section 504 also states that specialized instruction is not limited to the schoolhouse. Special education may occur in the school but may also occur at home or in other institutions (both public and private) and may include other services such as different types of therapy, counseling, and medical diagnostic services. The most common types of therapy are speech, occupational, and physical.
Least Restrictive Environment
Current practice is that students be taught in the least restrictive environment. In other words, when possible, students with disabilities are part of the regular curriculum and class schedule. Federal law recognizes that education is a multifaceted experience, including developing social skills, preparing students for both college and post-education careers, and making students part of a school's community when possible.
Students with disabilities benefit when in the least restrictive environment and in regular classes as much as feasible and without compromising their education. IDEA suggests that students should be in general classes to the "maximum extent appropriate."
For some students, general classes will not support them and may hurt their ability to receive an education. This is one reason IEPs are important. School officials and parents need to determine the best environment for the individual student, which may vary from what other students with similar disabilities require.
Due Process
Section 504 also defines an appropriate education as one that establishes due process procedures. Schools must establish policies that allow parents and guardians to receive notice, review records, challenge decisions, and request impartial hearings. Hearings should be organized in a way that includes not only parents and guardians but also outside counsel.
The purpose of establishing due process procedures and guidelines is twofold. One, these procedures protect a child's right to an appropriate education. Two, they support parents' and guardians' rights and responsibilities to challenge evaluation, placement, and other decisions that may undermine a child's education. The longer a parent or guardian waits to address issues, the greater the risk of a child falling behind in school.
These policies also provide a roadmap when parents believe a school district is not properly supporting their child. Inadequate support includes inappropriate placement, misclassification, or assessments based on presumptions or stereotypes about a disability. Standardized due process procedures make it easier for parents to challenge school districts and escalate when needed. These policies also highlight the importance of hiring qualified legal counsel, such as the Lento Law Firm.
Public
Both Section 504 and IDEA apply to public schools or any school that receives federal funding. In some situations, a school may not be able to provide the services or support a student requires. If a school is unable to supply a student with needed programs and services to allow them to receive an education, the government will pay for a child to attend a private school or program.
Similarly, some larger school districts now have dedicated schools to assist students with disabilities. Parents and guardians may wish to petition nearby districts to allow for an out-of-district placement at these schools.
Whether a request is for a private program or to a different public school, you will need to show that your current school district cannot meet a student's needs or that a student is not progressing within the current district. If you believe a new placement is the best option for your student, you should contact the Lento Law Firm.
Education
All children in the United States have the right to an education. This education includes programs and services to support students with disabilities. For students with disabilities, this usually means establishing an IEP or providing accessible schools.
If a student with disabilities would be best served by another program, the federal government will cover not only tuition but also other applicable costs such as room and board, medical services, and transportation.
For example, Washington State has a state-funded school for the deaf. The program assists students from the entire state, including providing housing for students who live outside of the area.
What Does FAPE Not Cover?
Federal law does not require that schools provide students with the best possible services or programs but reasonable accommodations. Neither are schools mandated to provide a specific program or service because a parent or student wants that program.
A variety of factors determine reasonable accommodations in providing a student with an appropriate education. Some of these considerations include:
- The financial cost to the school
- The burden placed on teachers and other staff members
- Whether a service disadvantages other students
- Whether a service or program materially or significantly affects a course or program
Financial considerations are perhaps the most common reason cited for determining reasonable accommodations for an appropriate education.
Understanding When FAPE Does and Does Not Apply
That a service or program would be best for a student does not mean a school must provide that service or program. Likewise, FAPE does not mandate that students with disabilities receive preferential treatment.
For example, a student has a hearing impairment. If seated in the first row, the student can read the teacher's lips. The parents, however, would like the school to hire an aide who will use American Sign Language to communicate the entire class to their student. In this situation, a school district is unlikely to be expected to provide a full-time ASL professional. The reasonable accommodation is that the school ensures the student is seated in a place that makes it possible for the student to lip read.
If, however, the student is unable to lip read or has limited proficiency in English, assigning that student an ASL companion may be the most reasonable accommodation. The student is otherwise unable to participate in regular classrooms.
As for extracurricular activities, the student mentioned above tries out for the track team. To make their school's track team, they must finish in the top five in a race. The student finishes third and makes the team, which means the school must provide an ASL expert for track practices and meets.
If, however, the same student finishes sixth, the school is not required to put the student on the team. That the student in question is deaf does not guarantee them a place on the team. They are held to the same standards as any other student.
Qualified Legal Representation
If your student has a disability, they are entitled to a free appropriate public education. This education includes not only classroom instruction but also services and extracurricular programs. Federal law requires that schools support students with disabilities by providing IEPs, reasonable accommodations, and other programs and services without additional fees or payments.
If and when a school is unable to provide a student with proper support, schools must locate alternative arrangements. In some cases, this may mean leaving a residential school district for private programs or organizations.
If your child's school district is failing to provide them with support as required under federal law, you need to hire an experienced legal team. The longer a school district fails to provide adequate support for a student with disabilities, the more a student risks falling behind in their education.
The Lento Law Firm is one of the nation's premier Education Law Teams. They are passionate and experienced advocates who will protect your student's rights. Call 888-535-3686 for a consultation now, or use the online service.
