Your Parental Rights: Section 504 Disagreements, Complaints, and Due Process

Parents have powerful legal rights under Section 504 — including due process and the right to file complaints.

As a parent of a child with a Section 504 Plan, you have significant legal rights to participate in decisions about your child's education and to challenge decisions you disagree with.

Understanding these rights and knowing how to use them effectively is essential to advocating for your child. Part 9 of our Understanding Section 504 series explains the procedural safeguards available to you, how to resolve disagreements, and what recourse you have when the school fails to meet its obligations.

Two Pathways for Resolving Issues

There are two primary pathways for addressing concerns under Section 504, depending on the nature of the issue:

1. Procedural Safeguards (Due Process) for disagreements about FAPE, including identification, evaluation, or educational placement decisions

2. Complaint Procedures for allegations of discrimination, harassment, failure to comply with Section 504 regulations, or other civil rights violations

Understanding which pathway applies to your situation helps you take the most effective action.

Pathway 1: Procedural Safeguards for FAPE Disputes

Schools are required to establish and implement a system of procedural safeguards to enable parents to challenge the school's actions concerning the provision of FAPE to students who need or are believed to need special instruction or related services because of a disability.

What Types of Disagreements Are Resolved Through Procedural Safeguards?

Eligibility disputes:

• Whether your child has a disability under Section 504

• Whether your child is eligible for services

• Whether your child requires further evaluation to devise an appropriate plan of services

Evaluation disputes:

• The school's refusal to evaluate your child

• Disagreement with evaluation results

• Disagreement about what should be included in the evaluation

• Request for an independent evaluation

Services and accommodations disputes:

• Whether the current services are sufficient to meet your child's needs

• What accommodations should be in the 504 Plan

• Whether additional services are needed

• Disagreement about behavioral supports

• Whether behavior is disability-based

Placement disputes:

• What educational setting is appropriate for your child

• Whether your child should be in general education with supports or a more restrictive setting

• Changes to placement

Implementation disputes:

• The school's failure to implement the 504 Plan

• Denial of FAPE due to lack of services

The Four Elements of Procedural Safeguards Required by Federal Law

1. Notice

You must receive notice of any proposed action regarding your child's identification, evaluation, or placement.

What notice must include:

• Explanation of the proposed action (or refusal to act)

• Explanation of your procedural safeguard rights

• Information about how to request a hearing

When notice is required:

• Before initial evaluation

• Before changes to the 504 Plan

• Before significant changes in placement (including disciplinary removals)

• When the school refuses your request for evaluation

• When eligibility decisions are made

Notice must be provided in a timely manner so you have a reasonable opportunity to respond before the action is taken.

2. Opportunity to Review Records

You must be provided an opportunity to examine relevant educational records regarding decisions made about your child.

Relevant records may include:

• Evaluation reports and assessment data

• The Section 504 Plan

• Report cards and progress reports

• Discipline records

• Health records

• Teacher observations and notes

• Correspondence about your child

• Documentation of accommodations provided (or not provided)

Your rights regarding records:

• Request copies of records

• Review records before meetings

• Receive explanations of records you don't understand

• Request amendments to inaccurate or misleading records

3. Impartial Due Process Hearing

You must have access to an impartial hearing to resolve disagreements about identification, evaluation, or placement. Key features of due process hearings:

Impartiality: The hearing officer must be impartial and cannot be an employee of the school district or have a conflict of interest.

Opportunity to participate: You have the right to:

• Attend the hearing

• Present your case

• Present evidence

• Question witnesses

• Bring witnesses to testify on your behalf

Representation by counsel: You have the right to be represented by an attorney, though it's not required. You may also bring an advocate or other support person.

Burden of proof: Generally, the school district bears the burden of proving that its proposed action (or refusal to act) is appropriate.

Resolution of disputes: The hearing officer issues a written decision that is binding on both parties (subject to the review procedure).

4. Review Procedure

You must have access to a review procedure to appeal the outcome of the impartial hearing.

This typically means:

• Appealing the hearing decision to state education authorities or through the court system

• The review considers whether the hearing decision was appropriate

• Additional evidence may or may not be allowed depending on the review process

How to Request a Due Process Hearing

If you disagree with the school's decision regarding your child's identification, evaluation, or placement, here's how to request a hearing:

1. Submit a Written Request: While you may be able to make an oral request initially, submit your request in writing to create a clear record.

Send your request to:

• The district's Section 504 Coordinator

• The superintendent

• The special education director

• Any address specified in the district's procedural safeguards notice

2. Include Key Information: Your request should include:

• Your child's name

• Your contact information

• A description of the problem or disagreement

• What you are requesting (evaluation, services, change in placement, etc.)

• Facts supporting your position

• Any relevant dates or timeline

3. Know the Timeline: Different districts and states may have different timelines for when hearings must be held and decisions issued. Ask about specific timelines in your district.

4. Gather Documentation: Prepare for the hearing by collecting:

• All evaluation reports

• The 504 Plan and any previous plans

• Report cards and progress reports

• Communication with the school (emails, letters, meeting notes)

• Outside evaluations or medical records

• Documentation of problems or lack of progress

• Evidence of implementation failures

• Expert reports or recommendations

5. Consider Representation: Determine whether you want to:

• Represent yourself

• Hire an attorney who specializes in special education/504 law

• Work with an educational advocate

What Happens at a Due Process Hearing

Due process hearings are formal legal proceedings, though less formal than court trials.

Pre-hearing activities:

• Both sides exchange evidence and witness lists

• Pre-hearing conference to clarify issues

• Possible settlement discussions

The hearing:

• Opening statements from both sides

• Presentation of evidence (documents, evaluations, records)

• Witness testimony (yours, school personnel, experts)

• Cross-examination of witnesses

• Closing arguments

Post-hearing:

• Hearing officer reviews evidence

• Written decision issued within specified timeline

• Decision explains findings and orders specific relief or denies the request

Possible outcomes:

• Hearing officer orders the school to conduct an evaluation

• Hearing officer orders specific services or accommodations

• Hearing officer orders placement in a particular setting

• Hearing officer orders compensatory services for past denials of FAPE

• Hearing officer finds in favor of the school and denies your request

Important Limitations

Due process is for FAPE disputes: The procedural safeguards system is specifically for disagreements about identification, evaluation, and placement related to providing FAPE. It is not the avenue for:

• General discrimination complaints

• Harassment complaints

• Accessibility issues unrelated to FAPE

• Retaliation claims

Cannot be forced into grievance procedure first: A school district cannot require you to pursue a complaint through the local grievance procedure before granting you a due process hearing. FAPE-related matters go directly to due process if you choose.

Pathway 2: Complaint Procedures for Discrimination and Violations

When the issue involves discrimination, harassment, failure to comply with Section 504 regulations, or other civil rights violations, you have different options for resolution.

Types of Issues Handled Through Complaints

Discrimination complaints:

• Different treatment based on disability

• Policies or practices with discriminatory effects

• Denial of equal access to programs or activities

• Exclusion from extracurricular activities

Harassment complaints:

• Disability-based harassment by students or staff

• Hostile environment based on disability

• Bullying related to disability

Accessibility complaints:

• Physical accessibility barriers

• Lack of program access

• Communication barriers

General Section 504 violations:

• Failure to designate a 504 Coordinator (in districts with 15+ employees)

• Lack of grievance procedures

• Retaliation for asserting rights

• Failure to provide procedural safeguards

• Systemic failures to identify or serve students

Local Grievance Procedures

School districts with 15 or more employees must adopt and publish grievance procedures for resolving complaints.

What grievance procedures should include:

• Easy to understand and accessible: Procedures should be written in plain language and made available to parents.

• Prompt and equitable resolution: The process should move quickly and treat both sides fairly.

• Clear steps: The procedure should outline:

  • How to file a complaint

  • Who receives complaints

  • Timeline for investigation and resolution

  • How decisions are made

  • Appeal process

• When to use local grievance procedures:

  • As a first step for issues that might be resolved at the local level

  • For less complex discrimination complaints

  • When you want a faster, less formal resolution

  • For harassment complaints

  • For accessibility issues

Example: You discover your child has been excluded from a field trip because the school said accommodating their diabetes would be "too difficult." You file a grievance with the district's Section 504 Coordinator, who investigates and orders the school to include your child with appropriate accommodations.

Federal Complaint Process: Office for Civil Rights (OCR)

The primary enforcement authority for Section 504 in educational programs is the Office for Civil Rights (OCR), a component of the U.S. Department of Education.

Who Can File an OCR Complaint

Anyone can file a civil rights complaint with OCR:

• Parents or guardians

• Students (if 18 or older)

• Third parties on behalf of a student (with written consent)

• Advocacy organizations

• Anyone who believes discrimination has occurred

You don't have to be the injured party to file, though if you're filing on behalf of someone else, you'll need their written permission.

What OCR Investigates

OCR receives numerous complaints and inquiries regarding Section 504, particularly concerning:

Identification and evaluation failures:

• School's refusal to evaluate

• Inadequate evaluations

• Failure to identify students who need services

FAPE denials:

• Failure to provide appropriate services

• Failure to implement 504 Plans

• Inadequate accommodations

Discrimination:

• Different treatment based on disability

• Policies with discriminatory effects

• Exclusion from programs or activities

Procedural violations:

• Lack of procedural safeguards

• Failure to provide notice

• Retaliation

Harassment and hostile environment:

• Disability-based harassment

• School's failure to respond to harassment

Important limitation: OCR generally does not review the result of individual placement or educational decisions (such as whether a specific accommodation should be in a 504 Plan) as long as the district complied with procedural requirements. Those disagreements should be resolved through due process hearings.

How to File an OCR Complaint

1. Timing: Complaints should generally be filed within 180 days of the last act of discrimination. OCR may extend this deadline for good cause.

2. How to File: Complaints can be filed:

• Online through OCR's complaint portal

• By mail to the appropriate OCR regional office

• By fax to the appropriate regional office

For Texas: Complaints are filed with the OCR Kansas City Office.

3. What to Include: Your complaint should include:

• Your name and contact information

• The student's name (or "anonymous" if filing anonymously)

• Name and location of the school or district

• Description of the alleged discrimination

• Specific facts about what happened (who, what, when, where)

• Dates of incidents

• How the discrimination harmed the student

• Names of school officials involved

• What you want OCR to do

• Your signature and date

4. Supporting Documentation: Attach relevant documents:

• Copies of the 504 Plan

• Evaluation reports

• Correspondence with the school

• Incident reports

• Medical documentation

• Any other evidence supporting your complaint

What Happens After You File with OCR

Initial Review: OCR reviews the complaint to determine:

• Whether it has jurisdiction

• Whether it was filed timely

• Whether it states a violation of Section 504

Early Complaint Resolution: OCR may offer to facilitate non-formal mediation or "Early Complaint Resolution" to help parties discuss a possible resolution immediately. This is voluntary.

Investigation: If the complaint proceeds, OCR:

• Notifies the school district of the complaint

• Requests information and documents from the district

• May conduct interviews with school personnel, parents, and students

• May conduct on-site visits

• Reviews policies and procedures

• Analyzes evidence

Findings: OCR issues a letter of findings that either:

• Finds no violation and closes the case

• Finds a violation and requires corrective action

Resolution:

• If a violation is found:

  • OCR initially attempts to bring the district into voluntary compliance through negotiation of a corrective action agreement

  • The agreement specifies what the district must do to come into compliance

  • OCR monitors compliance with the agreement

• If voluntary compliance fails:

  • OCR may initiate enforcement action

  • This can include administrative proceedings to terminate federal financial assistance

  • OCR may refer the case to the Department of Justice for judicial proceedings

Timeline: OCR aims to complete investigations within 180 days, though complex cases may take longer.

The Role of the Texas Education Agency (TEA)

It's important to understand what the TEA can and cannot do regarding Section 504.

What TEA Cannot Do:

• The TEA does not have authority to investigate Section 504 complaints

• Section 504 enforcement is handled by OCR, not state education agencies

What TEA Can Do:

• Provide technical assistance on Section 504 to schools and parents

• Offer guidance on procedural requirements

• Publish resources and handbooks about Section 504

For complaints: Direct them to OCR Kansas City Office, not TEA.

Private Lawsuits: Your Right to Go to Court

Section 504 may be enforced through the federal court system. You have the right to file a private lawsuit against a school district at any time.

Key Points About Lawsuits

No exhaustion requirement: Section 504 regulations do not require you to file a complaint with OCR or exhaust administrative remedies (like due process hearings) before filing a lawsuit. You can go directly to court if you choose.

Practical considerations: While not required, it may be strategically advantageous to pursue due process or OCR complaints first:

• Creates a record of the violations

• May result in faster resolution

• Lower cost than litigation

• OCR findings can support your legal case

When to consider litigation:

• The school district has consistently failed to comply with Section 504

• Administrative remedies have been exhausted without resolution

• Significant harm has occurred, requiring substantial compensatory relief

• The violations are egregious or involve bad faith

• You need the court's authority to order specific relief

Need for attorney: Lawsuits require legal representation. Consult with an attorney who specializes in special education and disability rights law.

Protection Against Retaliation

Federal civil rights laws, including Section 504, prohibit retaliation against individuals who assert their rights.

What Retaliation Looks Like

Retaliation is prohibited against anyone who:

• Complains about discrimination or Section 504 violations (formally or informally)

• Participates in an investigation, proceeding, or hearing

• Assists someone else in asserting their rights

• Opposes discriminatory practices

Examples of retaliation:

• School increases scrutiny or discipline of your child after you file a complaint

• School excludes your child from activities after you request accommodations

• School changes placement to a more restrictive setting in response to your advocacy

• School staff treat you or your child with hostility after you assert rights

• School threatens to remove services if you continue to complain

Your Protection

The ability of parents and students to oppose discriminatory practices and participate in investigations is a federally protected activity. Schools cannot intimidate, threaten, coerce, or discriminate against you for exercising your Section 504 rights.

If retaliation occurs:

• Document the retaliatory actions

• File a retaliation complaint with OCR

• Include retaliation in any due process hearing or lawsuit

• Request specific relief to remedy the retaliation

Compensatory Services: Remedying Past Violations

If a school district is found to be in violation of Section 504, the district is responsible for correcting the discrimination and remedying its effects.

What Are Compensatory Services?

Compensatory services are educational services provided to make up for the school's failure to provide FAPE or other required services.

Purpose: To place your child in the position they would have been in if the violation had not occurred.

Examples:

• Tutoring to make up for lost instruction during improper suspensions

• Extended school year services to compensate for lack of services during the school year

• Additional counseling sessions to address emotional harm from harassment

• Specialized instruction to address regression caused by lack of accommodations

• Independent evaluation at district expense if the initial evaluation was inadequate

How Compensatory Services Are Determined

Through due process hearing: A hearing officer can order specific compensatory services as part of the remedy.

Through OCR agreement: A corrective action agreement with OCR may require compensatory services.

Through settlement: The district may agree to provide compensatory services to resolve a complaint or lawsuit.

Amount and type based on:

• The nature and extent of the violation

• How long services were denied

• The impact on the student

• What's needed to remedy the harm

Disagreement Scenarios and Which Path to Take

Let's look at common scenarios and the appropriate pathway:

Scenario 1: School Refuses to Evaluate Your Child

Issue type: Evaluation dispute

Most appropriate pathway: Procedural safeguards (due process)

Action:

1. Submit written request for evaluation

2. If school refuses, request written explanation and notice of procedural safeguards

3. Request due process hearing to compel evaluation

4. Or file OCR complaint alleging failure to identify (Child Find violation)

Scenario 2: You Disagree with What Accommodations Should Be in the Plan

Issue type: Placement/services dispute (FAPE)

Most appropriate pathway: Procedural safeguards (due process)

Action:

1. Request 504 Team meeting to discuss concerns

2. Provide documentation supporting need for accommodations

3. If team refuses accommodations, request due process hearing

4. Present evidence at hearing that current plan doesn't provide FAPE

Scenario 3: Teachers Aren't Implementing the 504 Plan

Issue type: Implementation failure (FAPE denial) and possible discrimination

Most appropriate pathway: Multiple options depending on severity

Action:

1. Start by contacting Section 504 Coordinator

2. Request documentation of implementation

3. Request 504 Team meeting to address implementation

4. File local grievance for discrimination

5. Or file OCR complaint for failure to implement and denial of FAPE

6. Or request due process hearing if implementation failure has caused denial of FAPE

Scenario 4: Your Child is Being Harassed Because of Their Disability

Issue type: Discrimination (harassment)

Most appropriate pathway: Complaint procedure (local grievance and/or OCR)

Action:

1. Report harassment to school administrator and 504 Coordinator

2. File written complaint through district's grievance procedure

3. If school doesn't respond appropriately, file OCR complaint

4. Document all incidents and the school's response (or lack thereof)

Scenario 5: School is Proposing to Expel Your Child for Behavior You Believe is Related to Disability

Issue type: Significant change in placement (discipline) and possibly manifestation determination dispute

Most appropriate pathway: Procedural safeguards (due process) if needed after MDR

Action:

1. Ensure MDR is conducted before expulsion proceeds

2. Participate in MDR and provide evidence behavior is manifestation

3. If MDR finds behavior is not a manifestation and you disagree, request due process hearing

4. Request stay-put (your child remains in current placement pending hearing)

Scenario 6: School Excludes Your Child from Field Trip

Issue type: Discrimination (denial of equal access)

Most appropriate pathway: Complaint procedure (local grievance and/or OCR)

Action:

1. Request explanation in writing

2. File grievance with Section 504 Coordinator

3. Or file OCR complaint for discrimination

4. Request that child be included with appropriate accommodations

Practical Tips for Resolving Disagreements

1. Start with Communication

Many issues can be resolved through direct communication before formal procedures are necessary:

• Request a meeting with the teacher and 504 Coordinator

• Clearly explain your concerns with specific examples

• Provide documentation or data supporting your position

• Ask questions to understand the school's perspective

• Propose specific solutions

2. Document Everything

Keep detailed records:

• Date and summarize all conversations

• Save all emails and letters

• Take notes at meetings

• Photograph work samples or relevant materials

• Document when accommodations aren't provided

• Keep copies of all school documents

3. Know When to Escalate

Move to formal procedures when:

• Informal efforts haven't resolved the issue

• The school refuses to take action

• The violation is serious or ongoing

• Your child is suffering significant harm

• Time is of the essence

4. Be Strategic About Which Process to Use

Consider:

• Urgency: Due process may be faster than OCR complaints for immediate relief

• Type of relief needed: Some remedies are only available through certain processes

• Resources: Do you have time and ability to pursue formal procedures?

• Relationship with school: Will formal complaints damage your working relationship?

• Evidence: What documentation do you have to support your position?

5. Consider Multiple Avenues Simultaneously

You can:

• File an OCR complaint AND request a due process hearing

• Pursue local grievance AND file with OCR

• File administrative complaints AND a lawsuit

Different processes address different aspects of violations and can proceed simultaneously.

6. Seek Help When Needed

Don't hesitate to get support:

• Consult with a special education attorney

• Work with an educational advocate

• Contact disability rights organizations

• Join parent support groups

• Use free resources from organizations like the Parent Training and Information Center

The Bottom Line

Your parental rights under Section 504 are extensive and powerful.

Procedural Safeguards for FAPE Disputes:

• Notice of all proposed actions

• Access to records

• Impartial due process hearings with representation by counsel

• Review procedure to appeal decisions

Complaint Procedures for Discrimination:

• Local grievance procedures for prompt resolution

• OCR complaints for federal civil rights violations

• Investigation and corrective action for violations

Additional Rights:

• File private lawsuits at any time

• Protection from retaliation for asserting rights

• Compensatory services to remedy violations

For Texas parents:

• Section 504 complaints go to OCR Kansas City Office (not TEA)

• OCR enforces Section 504 in Texas

• TEA provides technical assistance but doesn't investigate complaints

Understanding these rights and how to use them ensures you can effectively advocate for your child when disagreements arise. The procedural safeguards exist to protect your child's right to FAPE and equal access to education. Don't be afraid to use them when necessary.

Remember: Advocating for your child is not adversarial or problematic; it's your right and responsibility. Schools should welcome parental involvement and work collaboratively to resolve issues. When they don't, these formal procedures ensure your child's rights are protected.

Next in this series: Special Situations and Common Questions

Previous article: Discipline and Your Child's Section 504 Rights

Do You Disagree With Your School's Section 504 Decisions?

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