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A COMPARISON OF VARIOUS ASPECTS OF
THE 504 REGULATIONS FOR PRESCHOOL,
ELEMENTARY, AND SECONDARY EDUCATION

vs.

POSTSECONDARY EDUCATION

 

Preschool, Elementary,

and Secondary

Postsecondary

Identification

Schools have an obligation to identify and locate children entitled to §504 protections. No comparable obligation.

Evaluation

Schools must undertake evaluation of children it believes may be covered under §504. Applicant/student responsible for documentation concerning disability.

Entitlement to Education

Every child must be provided a free and appropriate public education. The educational program must be designed to meet an individual’s needs. Applicant/student has the right not to be excluded from educational programs or activities by reason of disability.

Planning Process

Schools must have in place policies and procedures that ensure the documentation and consideration of evaluative information, and that decisions are made by knowledgeable individuals. No comparable provision for comprehensive planning for individuals.

Grievances

Schools must have in place grievance procedures and designate individuals responsible for 504 compliance. Same.

Due Process Rights

Schools need to provide notice to parents, an opportunity to examine records, an impartial hearing with opportunity for parental participation and representation by counsel, and a review procedure. No comparable provision.

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