Private School/Section 504

[dude101]

What is the name of your state? WA
My question is in regards to remedies available with Section 504 violations. All the attorneys that I have spoken with have agreed that my son's private school broke the law and discrimated against him. But where they have questions is, how can you argue emotional distress of a young child. Honestly he has little to no recollection of the events a year ago. I have read that violations of 504 can be argued as a breach of contract, but again what is the remedy when the contract is not a financial one. Any ideas would be greatly appreciated. -LD

 

[dude101]

Bumping this up in hopes someone can help me with my question

 

[rmet4nzkx]

PLease explain what happened, we need facts to answer your question, if your son doesn't remember what happened, where is the injury? We need facts to answer your question.

 

[dude101]

My son was denied admission to a private school because he has a disability. I did not ask for any assistance from the school, only to come during his lunch time to take care of his needs. They refused and told us we could only reapply when he could care for himself. I have all of this in writing and there really isn't any question as to wether they broke the law or not. The only question is what rememdies are available with a Section 504 case. They have already ruled that punitive damages are not available but compensatory damages are. They treat these cases as a breach of contract. My question is, if the contract is not a financial one, how do they rule what the damages are. It would be hard to base it on emotional distress in a young child.

 

[tholt4]

I question whether a PRIVATE school is covered under Section 504. Does the school receive federal funding?

What Is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency, including the U.S. Department of Health and Human Services (DHHS).

 

[Ohiogal]

Private schools do NOT have an obligation to accept any student. They can pick and choose.

 

[dude101]

Most private schools do receive Federal Funds. There are very few true "private" schools. This particular school receives funds through the FCC, Free Milk Program and Grants through the public school district. They are required to admit students that can be successful with reasonable accomadations. Like I said there isn't a question wether they broke the law, my question lies in the rememdy.

 

[sisymay]

All public and private schools that recieve state/federal funds ARE suppose to help special needs children!!!

 

[notsmartmark]

File an OCR complaint if your intent is to bring them into compliance.

 

[dude101]

Tried that...

I did file one was told that it was out of their jurisdiction because they are a private school. Using Section 504 seems to be the only way to touch them. I intend to make sure they change their ways. If they want to have their hand in the Federal cookie jar - they need to be held to follow the law.