Section 504

K-12 students with disabilities that do not qualify under IDEA may be eligible for services under another Federal law - Section 504 of the Rehabilitation Act. A student with no special learning needs who uses a wheelchair is covered by Section 504. A student with emotional behavioral issues who does not qualify under IDEA may be covered. Section 504 also applies to day care provided at the school as well as private day care centers. We represent families throughout the process to develop Section 504 plans as well as in litigation resulting from the failure to provide appropriate disability accommodations.

School Discipline

Students both with and without disabilities can encounter in-school and out-of-school suspensions, and may even face expulsion. Given the complexity of a school board hearing and the permanent consequences of an expulsion, families should consult a lawyer. Students with disabilities have additional legal rights in the discipline process and we frequently help families identify emotional and psychological disabilities that have not been addressed by the school system. We get involved in all levels of the school discipline process:

• Meeting with school officials to resolve disciplinary problems without a hearing
• Identifying disabilities and then developing IDEA or Section 504 plans to deal with behavioral issues and keep students out of the discipline system
• Representing students at school board expulsion hearings

Harassment, Bullying and Sexual Assault

Students at all levels of education are protected from discrimination by the Federal Title IX statute or other laws. Treating a student or students differently based on their sex, sexual orientation or other characteristics like race is discrimination. This includes transgender students. The most severe form of sex discrimination is sexual assault by another student or by school staff.

When students report harassment, bullying or assaults, the school must investigate, and should also take various steps to minimize harm during the investigation process. We represent victims at all stages of the complaint process and in court litigation when a school fails to respond appropriately.

Disabilities in Post-Secondary Education

The right to receive special education services ends at high school graduation, but students continue to be protected by Section 504 when they attend technical schools, colleges and post-graduate programs. Post-secondary schools are required to provide reasonable accommodations that allow students with disabilities to access those educational programs. A student may need legal help to:

• Verify the need for disability accommodations
• Advocate for testing accommodations for ACT, LSAT and others
• Develop an appropriate plan with the school disability accommodation office
• Resolve or litigate issues regarding the provision of accommodations