Parents of students with disabilities, like most parents, usually want the best for their children’s education. If the public school district in their area of residence is insufficient, parents and guardians may turn to private schools as an option with smaller class sizes and better resources. However, if a student needs accommodations – such as a 504 plan – that are provided for in federal legislation, the procedures can be different and more complicated.
Confusion about what laws apply to what schools is one major reason private school enrollment is difficult for children with disabilities and their parents. If you are researching New Jersey private schools for a student with disabilities and need legal consultation, SGW Law is here to help. Some of NJ’s most skilled special education lawyers make up our team, and we are here to help you understand your legal position and the best moves to make and to defend your child’s right to an education when necessary. Get in touch with us online today to speak with the education attorneys at SGW.
Understanding Section 504 and Its Purpose
The Rehabilitation Act of 1973 was the first federal law to specifically extend civil rights to Americans with disabilities. In Section 504 of this law, legal protections are laid out for individuals with disabilities in schools and the workplace. Reasonable accommodations must be given to those who need them. Accessibility, including different means of communication (such as audio and braille materials), must be available. And most relevantly, disability-based discrimination is prohibited at any entity that gets any funding from the federal government.
Does Section 504 Apply to Private Schools?
Section 504 is a provision of federal law. This means that without exception, in every state, public schools must follow the rules it sets out. In the case of private schools, however, it is not clear-cut. The primary factor causing Section 504 to apply to some private schools but not others is federal funding.
This requirement is intentionally broad, because the kinds of federal money that schools may get includes federal lunch programs, special education funding, grants, and beyond. However, this still does not encompass all schools. Any educational institution that takes financial assistance from the United States government is covered – but many private schools do not get federal funds. Even if a private school gets state, local, or nonprofit funding, this does not necessarily place it under Section 504.
The Difference Between Private and Public Obligations
Under Section 504, public schools are enjoined to act in many different ways to make sure that they are doing right by their students who have disabilities. The Rehabilitation Act specifies every child’s right to a “free appropriate public education” in a K-12 public school setting. Public school districts are bound to develop and abide by a 504 plan for students who need one. This refers to a written document of accommodations and services each student with a disability receives in the general education setting. Students must also be reasonably accommodated in after-school and extracurricular programs, and they and their parents have the right to due process if they believe these rights have been violated. The Office of Civil Rights of the US Department of Education enforces these rules. In fact, over the decades, the federal government has ruled that Section 504 is specifically applicable to a vast array of school functions, including playgrounds, field trips, and late bus transportation.
Meanwhile, each private school may have the same duties as a public school or no Section 504 obligations at all, depending on its funding status. Some private schools that are not federally funded offer most types of accommodations in the classroom, but do not do so for after-school activities. Still, private schools are bound by state and local laws, and by other federal laws besides the Rehabilitation Act. You have legal recourse if your child attends a private school and is being denied educational rights, and an education attorney is the best person to inform you about what you can do.
When Private Schools Must Provide (If Covered)
As mentioned above, Section 504 requires “reasonable accommodations” at minimum for all individuals with disabilities, regardless of the nature of their disability. In a private school, this means that school administration must allow for adjustments in regular classroom learning that will give students with disabilities the same learning opportunities as their peers. This may be something as simple as preferential seating, but can also include assistive technology, note-taking help, and extended time for testing or projects.
All of these allowances can make a huge impact for any given student with a disability, but keep in mind this is not the same as an IEP. Reasonable accommodations are not a comprehensive, multi-part strategy requiring approval from multiple professionals. They are simply helpful measures used individually.
What About Private Schools Not Covered by Section 504?
Even if an independently funded private school does not follow any part of Section 504, disabled students at that school are protected by other federal and state laws. For example, the Americans with Disabilities Act of 1990, commonly called ADA, forbids discrimination based on disability in general. This is more of a “negative” obligation – schools cannot exclude disabled students or refuse to admit them if they meet entrance requirements – than a “positive” one requiring specific action. Nevertheless, many states, including New Jersey, have their own laws that are intended to help children with disabilities in an educational setting, although they may not be as widely enforceable or offer as many accommodations as the Rehabilitation Act.
Common Misunderstandings Parents Have
There are various complex federal and state laws governing education for students with disabilities, some of which use similar terminology. It’s natural that some confusion arises from this. Keep in mind the following common misconceptions:
- 504 plans aren’t always transferable. A student’s 504 plan is just documentation of the reasonable accommodations their current school has agreed to provide. At another school, the same resources may not be available – or, at certain private schools, 504 plans might not be offered at all.
- Just because student accommodations are federal law doesn’t mean they’re the same everywhere. School districts, states, and federally-funded private schools are free to give their students differing forms of assistance as long as it’s within the bounds of law. And for students with disabilities who have moved, the situation can be even more complicated.
- IEPs and 504 plans are not the same. Both of these documents can make all the difference for students who have disabilities. But IEPs, provided for under IDEA, are truly “individualized” and are much more involved, and fewer students qualify for them.
How Parents Can Advocate for Their Child
If your child has a disability and is beginning at a private school – or if they already attend one and you are concerned about their rights – there are a number of steps you can take.
- Ask about federal funding status. This is helpful if you’re researching private schools you may want to enroll your child in, or if you need to advocate for your child legally, so that you know which federal laws apply.
- Request written policies on accommodations. Most of the time, administrators acting in good faith will send you the school’s detailed, enforceable policy. With advice from an attorney, you may be able to clear up misunderstandings with teachers and get help for your child in the classroom without going to court. If there is no such policy, you should then speak further with your attorney.
- Get immediate legal guidance if accommodations are denied. If school officials say outright that they will not provide your child assistance, and you believe they are violating the law, acting quickly will make sure your child’s education remains on track as best as possible.
Protecting Your Child’s Right to Learn
Even though regulations applying to public and private schools may differ, all students, no matter what school they attend, have certain legal rights. The applicable federal and state laws were written to protect the ideal of education for all. If your child needs reasonable accommodations but they are denied, you shouldn’t face this problem alone. The team at SGW Law consists of some of the most experienced special education lawyers in New Jersey. We have helped countless families find solutions and get restitution through both out-of-court negotiation and litigation, and some of our cases have set favorable precedents in state education law. If your child needs the help of an attorney to access the education they deserve, contact us online now to consult with us or to set up an IEP review.
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