Civil rights: Federal guidelines for schools

The U.S. Department of Education and its Office for Civil Rights published several guidelines at the end of 2016 that disability rights advocates, particularly K-12 students and their families, may find helpful. These documents are intended to help educators as well as families and students understand schools' legal obligations under anti-discrimination law.






Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools

• This details obligations that school districts have under Section 504 of the Rehabilitation Act

Dear Colleague Letter: Restraint and Seclusion of Students with Disabilities

• This outlines limitations on the use of restraint and seclusion in schools, warning that the practices could be discriminatory

• ALSO: Released in 2012: Restraint and seclusion: Resource Document

• ALSO: Release in 2014: Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline 

Frequently Asked Questions about the Rights of Students with Disabilities in Public Charter Schools under Section 504 of the Rehabilitation Act of 1973

Frequently Asked Questions about the Rights of Students with Disabilities in Public Charter Schools under the Individuals with Disabilities Education Act

Dear Colleague Letter on Preventing Racial Discrimination in Special Education

Availability of these materials in alternate formats

Requests for documents in alternate formats such as Braille or large print should be submitted to the Alternate Format Center by calling 202-260-0852 or by contacting the U.S. Department of Education’s Section 508 Coordinator via email at om_eeos@ed.gov.

Context

There are three laws that apply to K-12 school districts' legal obligation to students with disabilities:

• Section 504 of the Rehabilitation Act of 1973 (often referred to as "Section 504"). This law provides a broad spectrum of protections against discrimination on the basis of disability. All recipients of federal financial assistance must comply. It is enforced by Office of Civil Rights in the U.S. Department of Education.
• Americans with Disability Act,Title II (often referred to as "Title II" or "ADA Title II"). This law prohibits state and local governments from discriminating on the basis of disability, regardless of whether or not those entities receive federal financial assistance. This law is enforced by the Office of Civil Rights in the U.S. Department of Education.
• Individuals with Disabilities Education Act Part B (often referred to as IDEA). This law is a formula grant program that provides assistance to states, and through them to local school districts, to assist in providing special education and related services to children with disabilities. It is enforced by  Office of Special Education and Rehabilitative Service.