| o you have a child who receives special education | | | | Complaints under this law can either be sent to your |
| services in the public school that you think is being | | | | local Office of Civil Rights (OCR) or can be taken to |
| discriminated against, due to their disability? Have you | | | | court! Call your states Department of Education for |
| been advocating for your child and feel that special | | | | the address for the OCR office in your state. |
| education personnel are retaliating against you for your | | | | What is interesting about a Section 504 complaint is |
| advocacy? Section 504 of the Rehabilitation Act gives | | | | that parents can seek remedies to the discrimination |
| important protections to you and your child to help stop | | | | which could look like expert witness fees, attorney |
| the discrimination and retaliation. | | | | fees, etc. The specific wording is that a Court may |
| Section 504 is a federal civil rights law that protects | | | | fashion an equitable or affirmative remedy. Expert |
| persons with disabilities from discrimination in programs | | | | witness fees are no longer available under IDEA but |
| and activities that receive federal funding. The law also | | | | are available under this law. |
| prohibits retaliation for protected activities, which | | | | Many parents frustrated with the lack of enforcement |
| includes advocacy. Section 504 does apply to local | | | | of IDEA have begun to file many complaints under this |
| public school districts, though sometimes schools say it | | | | law! While there is no time line for an OCR complaint, |
| does not. | | | | which may take longer, there is wide latitude for OCR |
| When many parents hear about Section 504 they only | | | | to come up with a plan that could be helpful to children |
| think about Section 504 plans. If a child is found to | | | | and families. |
| have a disability, but does not need special education | | | | Someone I know recently filed a lengthy OCR |
| services, the school district may offer a 504 plan. This | | | | complaint against her school district. She was |
| plan is not as specialized as an IEP and is not | | | | contacted by OCR and asked if she would be |
| appropriate for most children with a disability. | | | | interested in participating in the early complaint |
| Retaliation for advocacy is considered a protected | | | | resolution process (ECR). She stated that she would, |
| activity and is not allowed under this law. What types | | | | and received an early complaint resolution agreement |
| of things could be considered as retaliation for | | | | to resolve the complaint, which she felt was very |
| advocacy? Attorneys at IEP meetings, nasty letters, | | | | beneficial to her child. She feels like she was able to |
| requiring parents to do things not required of other | | | | get things that she would not get under an IDEA |
| parents, suspending the child to get back at the parent | | | | complaint to the State Department of Education! |
| etc. The list could go on and on and is not exclusive! | | | | Section 504 can be a good way for you to address |
| Whatever retaliation looks like to you is all you need to | | | | discrimination that damages your child, as well as |
| file a complaint. | | | | retaliation against yourself for advocacy! |