Pub. 5 2015-2016 Issue 1

28 Section 504, a Brief Overview of Regulation and Best Practice Section 504 and Title II are anti-discrimination laws that protect the rights of children and adults with disabilities. Section 504 and Title II apply to all students with disabili- ties. That includes students who qualify for special educa- tion and those who do not qualify for special education but may require some other aids and services. Students are served under Sub-Part D of the Section 504 regulations, which covers pre-school through 12th grade. Students found eligible are entitled to accommodations and related services they may need to access their education. Why is it important to understand Section 504 and provide services for students with disabilities? In the 2014 fiscal year there were more than 3,900 com- plaints filed with the U. S. Department of Education’s Office for Civil Rights. There were less than 3000 complaints filed in 2009 with a sharp upward trend over the last five years. The disability complaints account for just over 50% of the civil rights complaints. Why has there been a dramatic increase in complaints being filed with the Office of Civil Rights (OCR)? There are several possibilities to explain why the number of complaints are increasing according to Dorie Nolt, press secretary at the department of education. Factors include, the public’s increased awareness of civil rights laws, as well as confidence in the OCR’s enforcement for these laws. Complaints and Inquires made at USOE (Utah State Of- fice of Education), Educational Equity Section are reflective of the 50% or more disability complaints across the nation. Those complaints include charter schools and traditional districts. Complaints at charters have increased in an up- ward trend over the last four years, with traditional district complaints remaining about the same over the same period. Are charter schools required to follow the Section 504 Regulations? In the May 14, 2014 Dear Colleague letter from the U.S. Department of Education, charter schools are reminded of their responsibility of following civil rights laws. Catherine E. Lhamon, Assistant Secretary for Civil Rights states in the letter, “Federal civil rights laws, regulations, and guid- ance that apply to charter schools are the same as those that apply to other public schools. For this reason, it is es- sential that charter school officials and staff be knowledge- able about Federal civil rights laws. These laws extend to all operations of a charter school, including recruiting, admis- sions, academics, educational services and testing, school climate (including prevention of harassment), disciplinary measures (including suspensions and expulsions), athletics and other nonacademic and extracurricular services and ac- tivities, and accessible buildings and technology.” Entire let- ter available at; www2.ed.gov/about/offices/list/ocr/letters/ colleague-201405-charter.pdf Section 504 is just one of the civil rights laws that apply to charter schools. The others are Title VI, which prohibits discrimination based on race, color, or national origin and Title IX, prohibiting discrimination based on sex. What do the Section 504 regulations in- clude? The Section 504 regulations do not include a specified list of disabilities. Instead, it uses a functional definition of disability. (1) has a physical or mental impairment that substantially limits one or more major life activities of that person. (2) has a record of such an impairment or (3) is regarded as having such an impairment. The definition of disability should be understood to allow for broad coverage as was congresses intent. BY JENNIFER SLADE, EDUCATION SPECIALIST, EDUCATIONAL EQUALITY, USOE