Disability Rights for Students

Section 504, as well as several other state and federal laws, assist disabled students in both public elementary, secondary and post secondary (college and or university) institutions.

In explaining the rights of disabled students under Section 504 and Section 504 plans, OCR that depending on the institution involved as well as whether the student meets the eligibility criteria for having a disability under Section 504, public elementary and secondary recipients are required to provide a free appropriate public education to qualified students with disabilities. Such an education consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.

At the post secondary level, the Office of Civil Rights (OCR) states that the college, university or post secondary institution is required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school’s program. However, these institutions are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient’s program or impose an undue burden.

For more on Section 504 guidance visit:

http://ed.gov/about/offices/list/ocr/504faq.html

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