A Personal Idea Must Be Identified With a

A Personal Idea Must Be Identified With a


Reproduction and ordering data

U.S. Department of Education

Arne Duncan
Secretary

Function for Civil Rights

Russlynn Ali


Assistant Secretarial assistant

Offset published July 1999. Revised August 2010.

August 2010

U.Southward. Department of Education
Function for Civil Rights
Washington, D.C. 20202

Free Appropriate Public Educational activity
for Students With Disabilities:
Requirements Under Section 504 of
The
Rehabilitation Act of 1973

Introduction

Section 504 of the
Rehabilitation Act of 1973
protects the rights of individuals with disabilities in programs and activities that receive federal financial aid, including federal funds. Section 504 provides that: “No otherwise qualified individual with a disability in the Usa . . . shall, solely by reason of her or his inability, be excluded from the participation in, be denied the benefits of, or exist subjected to discrimination nether any plan or action receiving Federal financial assistance . . .”1

The U.Southward. Department of Educational activity (ED) enforces Section 504 in programs and activities that receive funds from ED. Recipients of these funds include public school districts, institutions of higher education, and other state and local education agencies. ED has published a regulation implementing Section 504 (34 C.F.R. Part 104) and maintains an Office for Ceremonious Rights (OCR), with 12 enforcement offices and a headquarters role in Washington, D.C., to enforce Section 504 and other civil rights laws that pertain to recipients of funds.two

The Section 504 regulation requires a school district to provide a “free appropriate public education” (FAPE) to each qualified person with a disability who is in the schoolhouse commune’south jurisdiction, regardless of the nature or severity of the person’s disability.

This pamphlet answers the following questions about FAPE according to Section 504:

  • Who is entitled to a free appropriate public pedagogy?
  • How is an appropriate instruction defined?
  • How is a costless instruction defined?

Who Is Entitled to FAPE?

All qualified persons with disabilities within the jurisdiction of a schoolhouse district are entitled to a free appropriate public education. The ED Section 504 regulation defines a person with a disability every bit “whatsoever person who: (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (3) is regarded equally having such an impairment.”
3

For uncomplicated and secondary instruction programs, a qualified person with a inability is a person with a inability who is:

  • of an age during which it is mandatory under state constabulary to provide such services to persons with disabilities;
  • of an age during which persons without disabilities are provided such services; or
  • entitled to receive a free advisable public education under the
    Individuals with Disabilities Educational activity Act
    (IDEA). (Thought
    is discussed afterwards in the pamphlet.)

In full general, all school-age children who are individuals with disabilities as divers by Section 504 and
Thought
are entitled to FAPE.

How Is an Advisable Education Defined?

An advisable education may comprise pedagogy in regular classes, instruction in regular classes with the use of related aids and services, or special education and related services in separate classrooms for all or portions of the school day. Special education may include particularly designed instruction in classrooms, at home, or in private or public institutions, and may exist accompanied past related services such every bit speech therapy, occupational and concrete therapy, psychological counseling, and medical diagnostic services necessary to the child’s instruction.

An advisable teaching will include:

  • education services designed to meet the private education needs of students with disabilities as fairly as the needs of nondisabled students are met;
  • the education of each student with a disability with nondisabled students, to the maximum extent appropriate to the needs of the educatee with a disability;
  • evaluation and placement procedures established to guard confronting misclassification or inappropriate placement of students, and a periodic reevaluation of students who take been provided special education or related services; and
  • establishment of due process procedures that enable parents and guardians to:
    • receive required notices;
    • review their child’south records; and
    • challenge identification, evaluation and placement decisions.

Due process procedures must also provide for an impartial hearing with the opportunity for participation past parents and representation by counsel, and a review procedure.

Education Services Must Meet Individual Needs

To be appropriate, instruction programs for students with disabilities must be designed to meet their private needs to the aforementioned extent that the needs of nondisabled students are met. An appropriate instruction may include regular or special education and related aids and services to arrange the unique needs of individuals with disabilities.

One way to ensure that programs meet individual needs is through the development of an individualized education program (IEP) for each pupil with a inability. IEPs are required for students participating in the special education programs of recipients of funding under the
IDEA.

The quality of pedagogy services provided to students with disabilities must equal the quality of services provided to nondisabled students. Teachers of students with disabilities must exist trained in the educational activity of individuals with disabilities. Facilities must be comparable, and advisable materials and equipment must be available.

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Students with disabilities may not be excluded from participating in nonacademic services and extracurricular activities on the basis of disability. Persons with disabilities must be provided an opportunity to participate in nonacademic services that is equal to that provided to persons without disabilities. These services may include physical pedagogy and recreational athletics, transportation, health services, recreational activities, special involvement groups or clubs sponsored by the schoolhouse, and referrals to agencies that provide help to persons with disabilities and employment of students.

Students With Disabilities Must Be Educated With Nondisabled Students

Students with disabilities and students without disabilities must be placed in the aforementioned setting, to the maximum extent advisable to the education needs of the students with disabilities. A recipient of ED funds must place a person with a disability in the regular education environment, unless it is demonstrated by the recipient that the student’south needs cannot be met satisfactorily with the use of supplementary aids and services. Students with disabilities must participate with nondisabled students in both academic and nonacademic services, including meals, recess, and physical education, to the maximum extent appropriate to their individual needs.

As necessary, specific related aids and services must be provided for students with disabilities to ensure an appropriate education setting. Supplementary aids may include interpreters for students who are deaf, readers for students who are blind, and door-to-door transportation for students with mobility impairments.

A recipient of ED funds that places an individual with disabilities in another school is responsible for taking into account the proximity of the other school to the student’s domicile. If a recipient operates a facility for persons with disabilities, the facility and associated activities must be comparable to other facilities, services, and activities of the recipient.

Evaluation and Placement Decisions Must Be Made in Accord With Appropriate Procedures

Failure to provide persons with disabilities with an advisable education frequently occurs equally a effect of misclassification and inappropriate placement. It is illegal to base private placement decisions on presumptions and stereotypes regarding persons with disabilities or on classes of such persons. For example, it would exist a violation of the law for a recipient to adopt a policy that every pupil who is hearing impaired, regardless of the severity of the kid’s disability, must be placed in a state school for the deafened.

Section 504 requires the use of evaluation and placement procedures that ensure that children are non misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or estimation of evaluation materials.

A schoolhouse commune must deport or arrange for an individual evaluation at no cost to the parents earlier any activeness is taken with respect to the initial placement of a child who has a inability, or before any meaning change in that placement.

Recipients of ED funds must establish standards and procedures for initial and continuing evaluations and placement decisions regarding persons who, because of a disability, demand or are believed to demand special educational activity or related services.

These procedures must ensure that tests and other evaluation materials:

  • have been validated for the specific purpose for which they are used, and are administered by trained personnel in conformance with the instructions provided by their producer;
  • are tailored to assess specific areas of didactics need and are not designed but to provide a single general intelligence quotient; and
  • are selected and administered so every bit best to ensure that, when a test is administered to a pupil with dumb sensory, manual, or speaking skills, the exam results accurately reflect the student’s aptitude or achievement level or whatever other cistron the exam purports to measure, rather than reflecting the student’s impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).

Recipients must depict upon a variety of sources in the evaluation and placement procedure so that the possibility of error is minimized. All significant factors related to the learning procedure must be considered.

These sources and factors include, for case, aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. “Adaptive behavior is the effectiveness with which the individual meets the standards of personal independence and social responsibility expected of his or her age and cultural group.” (See Appendix A to 34 CFR Role 104, Evaluation and Placement.)

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Information from all sources must be documented and considered past a group of knowledgeable persons, and procedures must ensure that the student is placed with nondisabled students to the greatest extent advisable.

Periodic reevaluation is required. This may be conducted in accordance with the
Thought
regulation, which requires reevaluation at three-year intervals (unless the parent and school district concur reevaluation is unnecessary) or more than frequently if conditions warrant, or if the child’s parent or instructor requests a reevaluation.

Recipients Must Accept Due Procedure Procedures for the Review of Identification, Evaluation, and Placement Decisions

Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of inability, need or are believed to need special pedagogy or related services.

Parents must be told about these procedures. In addition, parents or guardians must be notified of any evaluation or placement actions, and must be allowed to examine the student’s records. The due process procedures must allow the parents or guardians of students in elementary and secondary schools to challenge evaluation and placement procedures and decisions.

If parents or guardians disagree with the school’s decisions, they must be afforded an impartial hearing, with an opportunity for their participation and for representation by counsel. A review procedure too must exist available to parents or guardians who disagree with the hearing determination.

How Is A Free Pedagogy Defined?

Recipients operating federally funded programs must provide didactics and related services free of charge to students with disabilities and their parents or guardians. Provision of a gratuitous didactics is the provision of didactics and related services without cost to the person with a disability or his or her parents or guardians, except for fees equally imposed on nondisabled persons or their parents or guardians.

If a recipient is unable to provide a costless appropriate public didactics itself, the recipient may place a person with a disability in, or refer such person to, a program other than the i information technology operates.

Still, the recipient remains responsible for ensuring that the instruction offered is an appropriate pedagogy, as defined in the law, and for coverage of fiscal obligations associated with the placement.

The price of the program may include tuition and other related services, such as room and board, psychological and medical services necessary for diagnostic and evaluative purposes, and acceptable transportation. Funds available from any public or private source, including insurers,4
may be used by the recipient to come across the requirements of FAPE.

If a student is placed in a individual school because a school district cannot provide an appropriate program, the fiscal obligations for this placement are the responsibility of the school commune. However, if a school district makes available a gratis appropriate public education and the student’s parents or guardian choose to place the child in a individual school, the school district is not required to pay for the student’southward education in the private school. If a recipient school district places a pupil with a disability in a plan that requires the pupil to be abroad from dwelling, the recipient is responsible for the price of room and board and nonmedical care.

To meet the requirements of FAPE, a recipient may identify a student with a disability in, or refer such student to, a program not operated by the recipient. When this occurs, the recipient must ensure that adequate transportation is provided to and from the program at no greater personal or family unit price than would be incurred if the educatee with a disability were placed in the recipient’s program.

FAPE Provisions in the
Individuals with Disabilities Pedagogy Human activity (Thought)

Role B of
IDEA
requires participating statesv
to ensure that a gratuitous appropriate public educational activity (FAPE) is made available to eligible children with disabilities in mandatory historic period ranges residing in the country. To exist eligible, a child must be evaluated every bit having one or more of the disabilities listed in
Idea
and determined to be in need of special teaching and related services. Evaluations must be conducted according to prescribed procedures. The disabilities specified in
Idea
include: mental retardation, hearing impairments including deafness, voice communication or language impairments, visual impairments including blindness, emotional disturbance, orthopedic impairments, autism, traumatic encephalon injury, other health impairments, specific learning disabilities, deafened-blindness, and multiple disabilities. Additionally, states and local pedagogy agencies (LEAs) may adopt the term “developmental filibuster” for children anile 3 through ix (or a subset of that age range) who are experiencing a developmental delay as defined by the state and need special educational activity and related services.

The requirements for FAPE under
Thought
are more detailed than those nether Section 504. In specific instances detailed in the Section 504 regulation (for instance, with respect to reevaluation procedures and the provision of an appropriate education), meeting the requirements of
IDEA
is ane means of meeting the requirements of the Department 504 regulation.

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Thought
requirements apply to states receiving financial assistance under
IDEA. States must ensure that their political subdivisions that are responsible for providing or paying for the pedagogy of children with disabilities encounter
IDEA
requirements. All states receive
IDEA
funds. Section 504 applies to any program or activity receiving ED fiscal aid.

IDEA
is administered by ED’s Office of Special Educational activity Programs (OSEP), a component of ED’s Office of Special Education and Rehabilitative Services (OSERS). For more than data nigh
IDEA, contact OSERS at 400 Maryland Ave. S.W., Washington, DC 20202-7100. Additional information is too available at: http://www. ed.gov/about/offices/list/osers/osep/.

How to Obtain Further Assistance And Information

If you lot would similar more information nigh Section 504 and the other laws enforced by the Office for Civil Rights, about how to file a complaint, or, if you are a school or school commune, about how to obtain technical assistance, contact the Enforcement Office that serves your state or jurisdiction. Contact information for these offices is at http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. Information well-nigh discrimination based on inability is on OCR’s Spider web site at http://www.ed.gov/policy/rights/guid/ocr/disability.html. For farther information, please contact our Customer Service Team cost-free at 1-800-421-3481.

Endnotes

iSection 504 of the
Rehabilitation Deed of 1973, every bit amended, 29 U.South.C. 794.

2Title II of the
Americans with Disabilities
Human activity of 1990, (ADA), 42 U.Due south.C. § 12131 et seq., prohibits state and local governments from discriminating on the basis of disability. ED enforces Title Two in public elementary and secondary teaching systems and institutions, public institutions of college education and vocational education (other than schools of medicine, dentistry, nursing, and other health-related schools), and public libraries. The requirements regarding the provisions of a free appropriate public education (FAPE), specifically described in the Section 504 regulations, are incorporated in the general not-bigotry provisions of the Title II regulation. Because Championship II does non change the requirements of FAPE, this pamphlet refers only to Section 504.

3The Section 504 regulation uses the term “handicap.” However, Congress has amended the
Rehabilitation Act of 1973
and has replaced the term “handicap” with the term “inability.” The terms “handicap” and “disability” take the same meaning. This pamphlet uses only the term “disability.”

The
Americans with Disabilities
Act
Amendments Act (Amendments Act)
, P.L. 110-325, amended the ADA and Department 7 of the
Rehabilitation
Act of 1973, which contains the disability definition for Section 504. The
Amendments Human action
became effective on January 1, 2009. The
Amendments Human action
afflicted the meaning of the term “disability” in the ADA and Section 504, most notably by requiring that “disability” under these statutes be interpreted broadly. More information nearly the
Amendments Human activity
is available from OCR’s website at http://world wide web.ed.gov/policy/ rights/guid/ocr/disability.html and http:// world wide web.ed.gov/ocr/504faq.html.

4A recipient responsible for providing FAPE may not crave parents to use private insurance proceeds to pay for required services where the parents would incur fiscal loss.

5
“Land” in this publication refers to each of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, United States Virgin Islands, Guam, American Samoa, and the Democracy of the Northern Mariana Islands.

This publication is in the public domain. Authorization to reproduce information technology in whole or in part is granted. The publication’s citation should exist: U.S. Department of Pedagogy, Function for Civil Rights,
Free Appropriate Public Education for Students With Disabilities: Requirements Under Section 504 of the Rehabilitation Act of 1973, Washington, D.C., 2010.

To club copies of this publication, write to:

ED Pubs
Instruction Publications Centre
U.South. Section of Educational activity
P.O. Box 22207
Alexandria, VA 22304

Or
fax
your order to: 703-605-6794;

Or
email
your asking to: [email protected];

Or
call
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Or
order online
at http://edpubs.ed.gov.

This publication is also available on the Department’southward Web site at http://world wide web.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html. Any updates to this publication will be available at this Web site.

On request, this publication tin be made available in alternate formats, such as Braille, large print or computer diskette. For more information, contact the Section’s Alternate Format Center at 202-260- 0852 or 202-260-0818. If you use a TDD, phone call 1-800- 877-8339.

A Personal Idea Must Be Identified With a

Source: https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html