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What are my child's rights? What are the school's obligations?

 
UNFUNDED MANDATE? Civil Rights is NOT an Unfunded Mandate

Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination on the basis of disability in programs and activities, public or private, that receive federal financial assistance. (Free Appropriate Public Education for Students With Disabilities: Requirements Under Section 504 of The Rehabilitation Act of 1973) 

Since 1973, many schools have learned to provide educa­tional opportunities for many children with disabilities who had been traditionally left out or ignored.  These changes were driven by many people who had a vision of community that included all children and a vision of democracy that included all voices.

Many of these people were parents of children with disabilities who brought court cases and who lobbied politicians and policy makers at all levels. Their victories often came too late to benefit their own children but expanded educa­tional opportunities for millions of others.

One of their achievements is Section 504 of the Rehabilitation Act of 1973, a civil rights law that prohibits discrimina­tion against individuals with disabilities in education or employment programs that receive our tax dollars.

As a condition of receiving federal funding, the Department of Education requires schools to affirm that they use the federal money to educate all children, to use the federal funds equitably.

After S. 504 became law, it was no longer acceptable or lawful for school policies and practices to privilege some students and disenfranchise others by creating or ignoring conditions or policies that excluded, isolated, stigmatized or created or ignored barriers to a free and appropriate public education.

However compliance and enforcement in many school districts is inconsistent and ineffective.  Many school officials do not recognize their conditions or policies as discriminatory barriers.  Don't let school officials or policy makers use "unfunded mandate" to deny your child the right to a free and appropriate public education.  Educate. Advocate. 

See UNFUNDED MANDATES by Reed Martin

Also see: Broken Promises: Special Education in Massachusetts (2007) from http://www.spedwatch.org/


ELLIE GOLDBERG, M.Ed. is an education and environmental health advocate for healthy children, safe schools and sustainable communities – clean water, clean air, clean energy and safe food. Inspired by the legacy of Rachel Carson, who taught that our health and security is intimately connected to the quality of our environment, Ellie is active in public health, environmental, educational and public policy organizations working to increase citizen engagement, government accountability and corporate responsibility on behalf of children and their healthy development. 

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Ellie.Goldberg@gmail.com 

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