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Guidance on Civil Rights of Students with Disabilities

Date: 
12/28/2016
Author: 
US DOE OCR

The guidance includes a parent and educator resource guide; a Dear Colleague letter (DCL) and question and answer document on the use of restraint and seclusion in public schools; and a DCL and question and answer documents on the rights of students with disabilities in public charter schools.

“These guidance documents share information with our full school communities – educators, parents, and students – about important educational rights, including school obligations to identify, evaluate, and serve students with disabilities,” said Catherine E. Lhamon, the Department’s assistant secretary for civil rights. “Vigilant attention to the rights of students with disabilities will help ensure fair treatment for every student and that every student has equal access to educational programs and has an opportunity to experience success.”

The Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools, issued by the Department’s Office for Civil Rights (OCR), provides a broad overview of Section 504 of the Rehabilitation Act of 1973 (Section 504).

The second guidance package released by OCR addresses the circumstances under which use of restraint or seclusion can result in discrimination against students with disabilities, in violation of Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA). The Department’s May 15, 2012, Restraint and Seclusion: Resource Document suggested best practices to prevent the use of restraint or seclusion, recommending that school districts never use physical restraint or seclusion

The jointly-issued Dear Colleague Letter and question and answer documents will help update educators, parents, students, and other stakeholders to better understand the rights of students with disabilities in public charter schools under Section 504 and IDEA.


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