How is an appropriate education defined?Īll qualified persons with disabilities within the jurisdiction of a school district are entitled to a free appropriate public education.Who is entitled to a free appropriate public education?.This pamphlet answers the following questions about FAPE according to Section 504:
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 school district’s jurisdiction, regardless of the nature or severity of the person’s disability. Part 104) and maintains an Office for Civil Rights (OCR), with 12 enforcement offices and a headquarters office in Washington, D.C., to enforce Section 504 and other civil rights laws that pertain to recipients of funds.
ED has published a regulation implementing Section 504 (34 C.F.R. Recipients of these funds include public school districts, institutions of higher education, and other state and local education agencies. Department of Education (ED) enforces Section 504 in programs and activities that receive funds from ED. shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 504 provides that: “No otherwise qualified individual with a disability in the United States.
Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance, including federal funds. For example, the ability to meet the standards of personal independence and social responsibility expected of one’s age and cultural group is a major life activity for a school-aged student. Also, a major life activity or function not specifically listed may be a major life activity.It also states that the disability doesn’t have to severely restrict a major life activity, just substantially.If their emotional disorder or learning difference is affecting a major life activity, they are entitled to a 504 Plan.For example, the ability to participate in and benefit from school is a major life activity for a school-aged student. The Section 504 regulatory provision’s list of examples of major life activities is not exclusive, so an activity or function not specifically listed above can nonetheless be a major life activity.There are many other life activities that can be limited, such as communicating, thinking, concentrating, sleeping, eating, or anything else specific to your child.We chose “learning” as an example because most kids with school avoidance are not accessing their education. They are NOT one group of kids with the same profile. Children with school avoidance are individuals.A child with school avoidance who cannot get school, cannot access their education, so not being able to learn is limiting the major life activity of learning.Section 504 accommodations must be reasonable, such as modifications or adjustments that allow individuals equal opportunity to participate. Accommodations are based on what the average person without a disability has access to and not what an individual might need to reach their individual potential. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student’s individual educational needs as adequately as the needs of nondisabled students are met.”ĥ04 is meant to “level the playing field,” and, unlike special education, it is not supplemental in nature. Section 504 is a federal civil rights law meant to protect individuals with disabilities from discrimination.Īccording to the Office of Civil Rights (OCR) “The Section 504 regulations require a school district to provide a “ free appropriate public education” (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability.
0 kommentar(er)
