U.S. Department of Education Releases Guidance on Civil Rights of Students with Disabilities

The U.S. Department of Education released three new sets of guidance today to assist the public in understanding how the Department interprets and enforces federal civil rights laws protecting the rights of students with disabilities. These guidance documents clarify the rights of students with disabilities and the responsibilities of educational institutions in ensuring that all students have the opportunity to learn.

The guidance released today includes a parent and educator resource guide; a Dear Colleague letter (DCL) and question and answer document on the use of restraint and seclusion in public schools; and a DCL and question and answer documents on the rights of students with disabilities in public charter schools.

“These guidance documents share information with our full school communities – educators, parents, and students – about important educational rights, including school obligations to identify, evaluate, and serve students with disabilities,” said Catherine E. Lhamon, the Department’s assistant secretary for civil rights. “Vigilant attention to the rights of students with disabilities will help ensure fair treatment for every student and that every student has equal access to educational programs and has an opportunity to experience success.”

The Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools, issued by the Department’s Office for Civil Rights (OCR), provides a broad overview of Section 504 of the Rehabilitation Act of 1973 (Section 504). The guidance describes school districts’ nondiscrimination responsibilities, including obligations to provide educational services to students with disabilities, and outlines the steps parents can take to ensure that their children secure all of the services they are entitled to receive.

Among other things, the Section 504 Parent and Educator Resource Guide:

• Defines and provides examples to illustrate the meaning of key terms used in Section 504.
• Highlights requirements of Section 504 in the area of public elementary and secondary education, including provisions related to the identification, evaluation, and placement of students with disabilities, and procedures for handling disputes and disagreements between parents and school districts.

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