Section 504 - Free Appropriate Public Education and Compensatory Services - USDOE Fact Sheet
U.S. Department of Education’s Office for Civil Rights (OCR) issued a fact sheet to remind elementary and secondary public schools of their obligations under Section 504. to provide appropriate evaluations and services to students with disabilities during the COVID-19 pandemic. This includes the responsibility of providing compensatory services.
Section 504 is a Federal law that:
- prohibits disability discrimination
- guarantees that students with disabilities have equal access to a Free Appropriate Public Education (FAPE)
During the COVID-19 pandemic, under Section 504 students with disabilities:
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Continue to have a right to receive FAPE
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May be entitled to compensatory services if they did not receive appropriate evaluations or services
If there are concerns about FAPE or a need for compensatory services, the school team must meet to make individualized decisions.
If a parent or guardian believes that:
- their child has not received or is not receiving FAPE,
- does not have equal access to other services provided by the school, or
- did not receive or is not receiving appropriate compensatory services
They may seek a hearing under the school’s Section 504 due process procedures or file a complaint with OCR.
OCR Fact Sheet
How to file an OCR Complaint
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