When disagreements arise between families and educators or service providers around issues related to the implementation of plans to address a child's disability, the options for resolution may depend upon if the child is on a 504 plan or an Individual Education Program (IEP) or Individualize Family Service Plan (IFSP).
The individuals with Disabilities Education Act (IDEA) provides children with disabilities and their parents certain procedural safeguards and rights. These children and their parents are also entitled to protections under other two civil rights laws that prohibit discrimination on the basis of disability - Section 504 of the Rehabilitation Act of 1973, (Section 504) and Title II of the Americans with Disabilities Act (Title II). The Family Education Rights and Privacy Act (FERPA) is another Federal law that provides parents of children with disabilities certain rights related to their children's education. In fact, FERPA protects the privacy of education records of all students.
Individuals with Disabilities Education Act (IDEA)
IDEA is a law that makes available a free appropriate public education (FAPE) to eligible children with disabilities and ensures special education and related services to those children throughout the nation. Infants and toddlers, birth through age 2, with disabilities and their families receive early intervention services under IDEA Part C. Children and youth ages 3 through 21 receive special education and related services under IDEA Part B.
Section 504 of the Rehabilitation Act of 1973
Section 504 is a Federal law that protects the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education. Section 504 is designed to guarantee equal educational opportunity for students with disabilities. Section 504 provides: “No otherwise qualified individual with a disability in the United States . . . 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 . . . .” This includes the right to FAPE.
Title II of the Americans with Disabilities Act (Title II)
Title II of the ADA prohibits discrimination on the basis of disability by public entities, including SEAs and LEAs, in employment, public services, and accommodations, regardless of receipt of Federal financial assistance. The requirements regarding the provisions of FAPE described in the Section 504 regulations, are incorporated in the general non-discrimination provisions of the Title II regulation. The ADA is intended to assure that individuals with disabilities have access to the same public services as individuals without disabilities.
The Family Educational Rights and Privacy Act (FERPA)
FERPA is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records. Once a student reaches 18 years of age or begins attending a postsecondary institution, they become an “eligible student,” and all of the parent’s rights under FERPA transfer to the student.
Comparing Section 504 to IDEA
The dispute resolution options for disagreements regarding 504 plans and IEPs are covered under the two different federal laws. The dispute resolution rights available through the State agency under the Individuals with Disabilities Education Act (IDEA) include the right to request mediation, to file a written State complaint, and to file a Due Process Hearing Complaint. Under Section 504 of the Rehabilitative Act of 1973, there is no legal requirement that mediation is made available when there is a disagreement about a 504 plan, although many agencies offer this option. The resolution options required under the law include the right to request an impartial hearing through the local education agency or to file a complaint with the Office of Civil Rights (OCR).
Dispute Resolution Options under the IDEA
CADRE developed six parent guides and a process comparison chart to explain the different dispute resolution option available under the IDEA. These guides explain facilitation, mediation, written state complaints, due process complaints, resolution meetings, and expedited due process complaints. You can access these parent guides by clicking on each process below or in the side navigation. Most of the guides are available in the following languages: English, Spanish, Arabic, Chinese (Simplified), Hmong, Korean, Russian, Vietnamese, Burmese, Portuguese, Japanese, and Somali. In addition, companion videos for each of the processes are available in English, Arabic, Korean and Spanish.
Learn More:
About IDEA: https://sites.ed.gov/idea/about-idea/
About Section 504: https://www2.ed.gov/about/offices/list/ocr/504faq.html