Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities and ensures that children with disabilities have equal access to an education. It was passed in 1973!!!!
I remember when Lauren was in pre-K at an elementary school. She received
physical therapy as part of her IEP. The physical therapist who covered schools
in our area went on maternity leave. This resulted in no PT services for Lauren
and all of the children who received physical therapy in the schools the
PT covered.
So..... I filed a Civil Rights complaint against the school district. Long story short after an investigation and visits from attorneys from the Atlanta regional office of the U.S. Department of Education, they ruled in our favor! The ruling required that all of the impacted students receive compensatory services.
In a different set of circumstances, Covid-19 related issues have left children with disabilities at home and often not receiving any services. Remote delivery of services is not appropriate for many students.
This situation has resulted in appeals to judges and state departments of education, student regression ----and many questions, some without answers.
Is it the school districts fault when they do not provide services during a pandemic? Is it the school districts fault that the bureaucracy was not prepared? Can the school district demonstrate good faith efforts to contract with home care agencies to provide services? Are compensatory services indicated?
The following piece from NPR explores the situation.
https://www.npr.org/2021/06/16/994587239/after-months-of-special-education-turmoil-families-say-schools-owe-them
Appreciate hearing your thoughts.
Cheers!
Donna
