K-12 Dive: Ed Department begins review of often misunderstood Section 504 rules

Monday, May 9, 2022 - 3:00pm

A recent article by K-12 Dive cites Perry A. Zirkel's findings in regards to reevaluating Section 504.

"The U.S. Department of Education’s Office for Civil Rights is requesting public feedback on Section 504 of the Rehabilitation Act of 1973 for students with disabilities in K-12 and higher education institutions, according to K-12 Dive. Some education experts and disability rights activists say students are underserved by Section 504. A 2018 analysis by Perry A. Zirkel, special education law expert and emeritus professor, found 327 districts with at least 1,250 students had zero 504-only students. Zirkel also found that 12,229 schools with an enrollment of at least 250 did not record a single student with a 504 plan." Read the full story from K-12 Dive here >>

Each year, COE offers a Special Education Law Symposium and Section 504 Coordinators Institute featuring Zirkel and a number of well-known attorneys from across the country.

This year, Perry Zirkel, Ph.D., J.D., L.L.M. (Pennsylvania) will discuss the following as part of this year's Symposium and Institute:

A Legal Snapshot of COVID-19 Issues for Public Schools, with the Primary Focus on Special Education and National Case Law Update

This session will provide a one-year update of the legal activity under the IDEA against the backdrop of claims under Section 504 and various other legal bases, arising from the COVID-19 pandemic.  The IDEA legal activity includes not only hearing/review officer and court decisions but also both SEA and OCR complaint investigation decisions.  The other legal claims extend to parent and teacher suits under the federal and state constitutions.  The IDEA focus consists of an analysis of the frequency and outcomes of the major claims, such as the adjudicative issues of stay-put and exhaustion; the implementation and other dimensions of FAPE; and the calculation and implementation of compensatory education, including the role of the federal guidance for “compensatory services.”

Research Focus: 
Education Law
Field of Expertise: 
Special Education