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Department of Education Releases Fact Sheet on Obligations to Students with Disabilities

quote reaffirming students' entitlement to FAPE under Section 504 of the Rehabilitation Act by Catherine E. Lhamon, Assistant Secretary for Civil Rights

This week, the U.S. Department of Education’s Office for Civil Rights (OCR) released a fact sheet addressing schools’ responsibilities to students with disabilities under Section 504 of the Rehabilitation Act of 1973. Specifically, the fact sheet emphasizes that despite the difficulties presented by the pandemic, students are entitled to adequate evaluations and services to fulfill their right to a free appropriate public education.

OCR comments that students or parents of students who believe they have not received adequate services may work with schools to determine whether compensatory services are required. The document also outlines how schools can assess the type and amount of compensatory services that may be necessary.

The fact sheet notes, “Ideally, the team of knowledgeable persons will come to a mutually acceptable decision regarding compensatory services to mitigate the impact of the COVID19 pandemic on the child’s receipt of services.”

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Posted:  18 February, 2022
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