Federal and state laws remain in effect during the pandemic
Parents who have concerns about a child’s access to special education services can contact us to speak with an attorney free of charge.
Federal and state laws remain in effect during the pandemic
Parents who have concerns about a child’s access to special education services can contact us to speak with an attorney free of charge.
The ADA is a broad civil rights law that protects people with disabilities from discrimination in a wide range of settings including public and private schools (but not religious schools*). Although the ADA does not have provisions specifically related to education, parents, students, staff, and visitors with qualifying disabilities can request accommodations under the ADA in order to have equal access to school activities. For example, schools must be physically accessible, and provide interpreters and accessible materials for those who are deaf, hard of hearing, blind, or low vision.
* While the ADA does not protect students with disabilities in religious schools, another disability antidiscrimination law, Section 504 of the Rehabilitation Act (discussed below), does cover some but not all religious schools.
Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) is a federal law that prohibits discrimination based on disability in programs and activities (whether public, private, or religious) that accept federal funds. Children with disabilities other than those set out in the IDEA but who still need accommodations, modifications, or services in order to fully participate in school, may have the right to what is known as a “504 Plan.” 504 plans are generally less detailed than IEPs, but they still need to be individually designed to provide each student with a FAPE.
Note that Section 504 covers all or nearly all public schools as well as many private and religious schools. Section 504 applies to private and religious schools if they participate in federally funded free or reduced breakfast and lunch programs or accept federal funds for various things like special education, serving at-risk students, textbooks and supplies, and professional development programs for teachers and staff. Many private and religious schools, including many Catholic schools, accept federal funds and therefore are covered under Section 504.
Array ( [0] => Array ( [resource] =>DRC-NH: Special Education Webpage
) [1] => Array ( [resource] =>DRC-NH Flyer: Compensatory Education (Comp Ed & COVID-19)
) [2] => Array ( [resource] =>Parent Information Center (PIC)
) [3] => Array ( [resource] =>PIC: Guide to the New Hampshire Standards for the Education of Children with Disabilities
) [4] => Array ( [resource] =>Wrightslaw: Key Differences Between Section 504 and IDEA
) )
Disability Rights Center – New Hampshire is a statewide non-profit organization dedicated to eliminating barriers for people with disabilities across New Hampshire. DRC is the federally designated protection and advocacy agency for New Hampshire and has authority under federal law to conduct investigations in cases of probable abuse or neglect.