What is 504?
A Federal Law that prohibits disability discrimination and guarantees students with disabilities equal access to educational opportunities, including free appropriate public education (FAPE) in public elementary and secondary schools.
504 During COVID-19?
Responsibility for schools to comply with Section 504 during COVID-19 continues regardless of how schools provide education: virtually, in-person, or hybrid.
Compensatory Services? *required to remedy any educational or other deficits that result from the student with a disability not receiving the evaluations or services to which they are entitled.
If a student with a disability did not receive appropriate evaluations or services during the COVID-19 pandemic, then the school must convene a group of persons knowledgeable about the student to make an individualized determination regarding compensatory services. This requires looking backwards to determine what educational and other benefits should have occurred.
Factors to Consider Regarding Type/Amount of Compensatory Services?
- Frequency & duration of missed instruction & related services;
- Whether special ed and/or related services that were provided during the pandemic were appropriate based on the student’s individual needs;
- A student’s present level of performance;
- Previous rates of progress;
- Results of updated evaluations;
- Whether evaluations were delayed; and
- Any other relevant info
Filing a Complaint
Under 504 if a parent or guardian believes their child has not or is not receiving FAPE, they may seek a hearing under the school’s Section 504 due process procedures or file a complaint with OCR. For more info on how to file a complaint with OCR: https://www2.ed.gov/about/offices/list/ocr/docs/howto.html