Litigation
Legal Term Definitions Section
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504: A part of the Rehabilitation Act of 1973. This law prohibits discrimination against students with disabilities and ensures that they get a free and appropriate public education with accommodations that support them.
- Due Process: a process for challenging decisions by school districts that affect your childs education. You can go before a judge to argue that a school denied your child a free and appropriate public education.
- Settlement: Instead of pursuing legal action, this is an agreement that ends the legal dispute.
The COVID-19 pandemic has caused issues that we didn’t anticipate. When we think about COVID-19's impact on education, we may think about schools choosing remote or in-person learning or students with disabilities being denied aspects of their education. However, one COVID-19 related consequence that people may forget about is the staffing shortage for both in-school and out-of-school activities. In our client’s case, the lack of available school bus drivers became a problem. Since there were fewer drivers available, students often had to take longer routes home. For some students that’s okay, but for other students, it is an accessibility and safety issue. For our client, Sam, who gets 504 school services due to his Type 1 Diabetes, his long bus ride became a safety concern. Before the COVID-19 pandemic, he could manage a shorter bus ride home. But, on long bus rides, including on field trips and to extracurricular events, he needed an aide available to provide him with insulin in case of an emergency. Sam’s family reached out to the school district to request that this accommodation be available to him on his bus rides to help keep him safe and still allow him to be with his peers. However, the school district denied this request and was unwilling to provide a trained staff person on Sam’s bus who could administer emergency medication. Our team filed for due process against the school district and was able to successfully negotiate a settlement so that Sam could have an aide on the bus to support him. This is a vulnerable time to be a student with a disability in public schools, and now as COVID continues, we must do everything we can to protect students and their rights to a safe and appropriate education. This case is an important example and reminder of disability education advocacy work that we do that parents may not know about. If any aspect of your child's education is not accessible, we can help. Disability Rights Florida is here to support all students with disabilities to access the education they deserve inside and outside the classroom.
Alt text: Students getting on a school bus.
