Dive Brief:

• The U.S. Department of Education has released three new guidance documents outlining civil rights protections for students with disabilities at public and charter schools under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.
• Education Week reports the first document explains Section 504, its definition for disability, and school obligations for providing a “free, appropriate public education,” among other resources and information for parents and educators.
• The second piece of guidance covers the use of restraint and seclusion and identifies why it could be a violation of students’ rights under Section 504, while the third explains the obligations of charter schools under each law, including virtual charter schools.

Dive Insight:

This latest guidance from the Obama administration continues a legacy of aggressive enforcement of civil rights protections. The Departments of Education and Justice have routinely released guidance to schools and districts over the rights of students and responsibilities of education agencies, in some cases creating controversy along the way. The administration’s guidance over protections for transgender students based on Title IX will be heard by the U.S. Supreme Court.

The specific attention on charter schools in this guidance can be read as a response to accusations that charters discriminate against students with disabilities by keeping them from enrolling or pushing them out. Virtual charter schools, which are supposed to be as open to all students as traditional public schools, have been particularly criticized for failing to make their online systems accessible. When students go to private schools, they waive their right to IDEA and Section 504 protections, including if they do so with state vouchers.