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Section 504 Hearings

A Section 504 Hearing is a hearing that parents can request under Section 504 of the Rehabilitation Act, which is a civil rights law, to have a hearing officer determine whether his or her child who needs disability accommodations is receiving an appropriate education with the necessary accommodations. This is very different than a Educational Due Process Hearing and involves very different rights and requirements. The main thrust of Section 504 is whether the child’s disabilities are being appropriately accommodated for his or her needs.

Education law varies from state to state and in Indiana disciplinary procedures can vary from district to district. The information below will provide you with some very basic information and help answer some frequently asked questions, but the information on this website is not legal advice and is not meant to be a substitution for seeking the advice of competent legal counsel. Your case is unique and you need legal advice that is specifically tailored to fit your needs. Our Hollingsworth & Zivitz education team is here to provide you with the advice you need to make decisions that will have a lasting impact on your child’s life.

SECTION 504 - General Information

Under Section 504 of the Rehabilitation Act, which is a federal civil rights law, parents of children with special needs, which range from ADHD to paralysis, are entitled to challenge their child’s accommodations if they believe it is inappropriate to meet their child’s needs.

In situations where a parent has been unable to work with a school to get appropriate accommodations for their child, a parent has the right to request a hearing to resolve the disagreement with the school regarding the child's disability, identification, evaluation, eligibility, placement, accommodations, services, or reimbursement of services.

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