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FAQs | Rights of Students with Disabilities in Public Charter Schools under Section 504

Source:  US Department of Education, Office for Civil Rights | December 2016

This Section 504 Charter guidance:

  • Explains that charter school students with disabilities (and those seeking to attend) have the same rights under Section 504 and Title II of the ADA as other public school students with disabilities.
  • Details the Section 504 right to nondiscrimination in recruitment, application, and admission to charter schools.
  • Clarifies that during the admission process a charter school generally may not ask a prospective student if he or she has a disability. 
  • Reminds charter schools, other entities, and parents that charter school students with disabilities have the right to a free appropriate public education (FAPE) under Section 504.
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