The U.S. Department of Education – Office of Civil Rights provides answers to questions most frequently asked about disability discrimination.
Any person who has a concern about the education of a student with a disability can raise the issue in one of several ways. For example, it is always appropriate to discuss the matter with the student’s teacher or principal at the local school, or it is also helpful to contact the Director of Exceptional Children Program in the central office of the school system, charter school, or state operated program.
The Exceptional Children Division’s consultants for dispute resolution and consultants for instructional support and related services are also able to offer consultation to assist parents, advocates, or school system, charter school, or state operated programs personnel who request help with problem-solving.
Consultants at the Department of Public Instruction are neutral and refrain from taking sides when there is a disagreement, but consistently advocate for appropriate services for children with disabilities. They are committed to the protection of rights for children with disabilities and their parents.
An informal means of problem solving is provided through the Exceptional Children Division’s Facilitated IEP Program for school systems, charter schools, state operated programs, and parents.
Formal means for dispute resolution are also available through the Department of Public Instruction, Exceptional Children Division. These options are requirements of federal and state laws governing special education – Individuals with Disabilities Education Improvement Act (IDEA), and Policies Governing Services for Children with Disabilities.
When there is an unresolved disagreement over identification, evaluation or educational placement of a child with a disability or the provision of free appropriate public education, the options for dispute resolution are mediation, formal written complaint, and due process hearing. A formal complaint filed on the same issue(s) as contained in a petition for a due process hearing will not be investigated. These options are also available to the adult student who has reached the age of majority (18), unless legally deemed incompetent or unable to make educational decisions.
The term Parent means a biological or adoptive parent of a child; a foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent; a guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or a surrogate parent who has been appointed in accordance with § 300.519 or section 639(a)(5) of the Act. [§34 CFR 300.30]
What is Section 504?
Section 504 is a Civil Rights law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: “No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . “
The Office for Civil Rights (OCR), through the US Department of Education (ED), enforces Section 504 in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104.
The Section 504 regulations require a school district to provide a “free appropriate public education” (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student’s individual educational needs as adequately as the needs of nondisabled students are met. pasting For more information, visit: http://www2.ed.gov/about/offices/list/ocr/504faq.html
Parents can learn more about Section 504 by speaking directly with the Section 504 Coordinator at their child’s school.
Which students are eligible for Section 504 accommodations?
A student with a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment, is eligible to receive accommodations under Section 504.
Physical or Mental Impairments
A physical or mental impairment may include, but are not limited to, physical disabilities or conditions, psychological disorders, and specific learning disabilities.
Major Life Activities
Major life activities may include, but are not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, learning, and working.
If a physical or mental impairment prevents the student from performing one or more of the major life activities listed above, the student is able to be considered for accommodations under Section 504. Each student case is reviewed individually.
What services are available to students with disabilities under Section 504?
Section 504 requires schools to provide students with disabilities appropriate educational services that are designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.
What happens when a request for accommodations is made?
When a parent requests an evaluation, Section 504 imposes a duty to act on a parent request for an evaluation. The school must convene the 504 Team to review the request and any other relevant information regarding the student and determine whether the student is eligible for accommodations. If the school determines the student to be eligible, the 504 Team will also consider which accommodations are most appropriate. All school level decisions will be rendered in writing.
Who participates in the 504 team meeting?
The decision to provide accommodations is made by a group of individuals who are knowledgeable about the student’s abilities, the meaning of the data and information being reviewed, and the type(s) of accommodation(s) that may best meet the student’s needs. The school-based 504 Team invites the student’s parent(s) to participate, and must include at least two individuals listed below who can:
What information is reviewed at the meeting?
The information reviewed by the 504 Team must come from a variety of sources and describe the student’s abilities and needs. 504 Teams may review information from assessments, observations, student work samples, report cards, and medical records to understand the student’s aptitude, achievement, behaviors, and health/medical needs. Parents and school staff may bring any information they believe best describes the student’s abilities and needs.
A note about Physician diagnosis and recommendations
Physicians may also recommend that the school provide certain accommodations, but ultimately, the 504 Team is responsible for determining whether the recommended accommodations are appropriate and how to provide them at school, Thus, this approval is made by the 504 Team, not the physician.
How is eligibility determined?
The 504 Team is responsible for considering, on a case-by-case basis, whether a student’s impairment substantially limits a major life activity. This determination is based on a review of multiple sources of information. The 504 Team considers whether the student’s impairment significantly impacts the student’s performance and/or participation in school, based on the information presented.
Do students need a 504 plan for health/medical accommodations?
Not all students who need medication administration require a 504 Plan. Students do not need 504 Plans if taking medication or receiving health/medical services does not interfere with their ability to participate fully in school.
How are accommodations developed?
The 504 Team determines which accommodations are appropriate for each student based on the nature and severity of the student’s impairment, and individual need.
Once a student is determined to be eligible, is the student always eligible for accommodations?
No. 504 Plans must be renewed annually by the 504 Team. As long as the student’s impairment continues to substantially limit the student’s performance and/or participation in school, the student remains eligible to receive accommodations.
Parents can learn more about Section 504 by speaking directly with the Section 504 Coordinator at their child’s school.
Joan Lange was a leader in educational reform her entire career. Serving as team leader, department head, and curriculum committee chair several times, she was recognized by her peers as a Lindbergh Leader and Teacher of the Year at Ocoee Elementary. Ms. Lange actively participated in the piloting of the Core Knowledge Sequence at Three Oaks Elementary School in Fort Myers, FL. Later she was recruited to bring the curriculum to the middle school. She became a Core Knowledge National Consultant, training hundreds of teachers in schools across the country, and served as a presenter at the Core Knowledge National Conferences 1991-1996.
Ms. Lange joined the Challenge Foundation in 1997 after more than 20 years as a dedicated educator, quickly becoming an advocate for school choice. She served as the Challenge Foundation National Schools Director and Director of School Leadership. After several years of seeking out successful charter school models to offer Challenge Foundation grant support, she became intimately involved in the development of the TEAMCFA network of charter schools. Her work included seeking out communities in need of high quality charter schools that offer rigorous K-12 curriculum, including the Core Knowledge curriculum in grades K-8, and a college preparatory high school model. She had extensive experience serving on TEAMCFA charter school boards. Ms. Lange assisted in forming local school boards and engaging them in training that includes long range planning, fiscal responsibility, and academic best practices, including school policy, procedures and assessment. Ms. Lange holds a Bachelor of Science and a Master of Arts from Southeast Missouri University.
Blaire Benson Washington worked in marketing and public relations and was the founder and CEO of b consulting, LLC. A Durham native, she earned her bachelor’s degree in Journalism and Mass Communication with a focus in Public Relations from UNC-Chapel Hill in 2011. She spent much of her time after graduating working with non-profit organizations, both as a PR/marketing consultant and as a volunteer. Some of Blaire’s favorite clients and partners included Cherokee Gives Back, an organization that has a wonderful volunteer program based in Addis Ababa, Ethiopia; Raise the Children, an organization that provides private education and mentorship to orphans in South Africa; and the Granville Vance Faith Initiative for Community Action, an organization that tackles significant community issues by mobilizing and motivating faith organizations in Granville and Vance counties.
After serving on Excelsior’s Founding Board, Ms. Benson moved to Seattle, Washington and earned a Master’s in Social Work and is now a Mitigation Expert for Criminal Defense.
Mark Anthony Middleton is the founder and pastor of the Abundant Hope Christian Church and the founder and CEO of Abundant Hope Incorporated. Born and raised in Brooklyn, New York, Mark was educated in the New York City Public Schools System. He is a graduate of North Carolina A&T State University with a Bachelor’s degree in Political Science. He received his theological training at the Duke University School of Divinity and also did course work at New York Theological Seminary. Mark was licensed and ordained to Christian Ministry at the renowned Concord Baptist Church of Christ in Brooklyn, New York where the Rev. Dr. Gary V. Simpson is the Senior Pastor.
Pastor Middleton is an award-winning essayist and a published author. His work appears in the popular African-American Devotional Bible published by the Zondervan Publishing Company. He has appeared on national television (BET) to discuss leadership in the African-American community. Pastor Middleton is a life member of the NAACP and a past Assistant State Director of the Alpha Phi Alpha Fraternity Inc. After serving on Excelsior’s Board, Pastor Middleton was elected to Durham’s City Council and then became Mayor Pro-Tempore.
Thomas J. Nechyba is a professor of Economics and Public Policy and is the Director of the Social Science Research Institute at Duke University. His major areas of expertise are Education, Public Finance, and Education Finance.
Professor Nechyba, who received his PhD from the University of Rochester in 1994, joined the Duke faculty in 1999 after spending five years on the faculty at Stanford University. He has lectured as a Visiting Professor at the Fundacao Getulio Vargas in Rio de Janeiro and the Center for Economic Studies at the University of Munich, and he held the year-long National Fellowship at the Hoover Institution on War, Revolution, and Peace at Stanford in 1998/99.
Professor Nechyba is a Research Associate at the National Bureau of Economic Research and serves as Associate Editor for the American Economic Review, International Tax and Public Finance, and The BE Journals of Economic Analysis and Policy. He has previously served as Director of Undergraduate Studies in the Department of Economics at Duke and is currently Department Chair.
His research, which has been funded by agencies such as the National Science Foundation and the Spencer Foundation, lies in the field of public economics, with particular focus on primary and secondary education, federalism and the functioning of local governments, as well as public policy issues relating to disadvantaged families.
Kathy Rennie earned a Bachelor’s degree in French from Swarthmore College in Pennsylvania, and a Master’s degree in Special Education from Columbia College in New York. She worked with learning disabled and emotionally disabled students at a private school in New York, a public school in New Jersey, and Durham Public Schools.
Ms. Rennie worked from 2003 to 2013 as the Finance Manager of Triangle Futbol Club, a non-profit youth soccer club of over 900 members which serves the Raleigh, Durham, and Chapel Hill area. In 1980, she and her husband, a former Duke soccer coach, founded the Duke University Soccer Camp, a summer youth soccer camp attended by as many as 2000 players annually, and ran it until her husband left Duke to pursue other opportunities. The Rennies designed and implemented the marketing tools needed to recruit campers ages 6-18, making it one of the largest and most respected soccer camps in the country. Her duties at the Triangle Futbol Club and Duke University Soccer Camp included advertising, publicity, marketing, fundraising, budgeting, account reconciliation, hiring, office management, and payroll.
Tammy White Rodman received her ordination Dec 2009 through the Yates Baptist Association. She launched The Sanctuary Outreach Ministries, a ministry of healing and wholeness for women who have suffered abuse.
Dr. Rodman earned her Bachelor of Arts in Psychology from North Carolina Central University. She did Masters level course work at Pfeiffer University in Business Administration and Health Administration. When Dr. Rodman decided to go into the Ministry, she pursued Theological training, earning a Master of Divinity degree May 2008 from Shaw University Divinity School and a Doctorate in Ministry December 2012 from United Theological Seminary with a focus in Christian Education and Urban Ministries.
She has served on the Board of Directors for Urban Ministries Homeless Shelter and for Durham Interfaith Hospitality Network (an organization which houses homeless families and their children). She also served as Board President for Durham Interfaith Hospitality Network. She has been an intern with Durham Congregations, Associations and Neighborhoods (Durham CAN), and has worked at Reality Ministries and other faith-based ministries.
Prior to going into ministry, Dr. Rodman worked at Blue Cross Blue Shield North Carolina for 14 years, holding various positions. Her last position there was Business Analyst.
Natalie Dekle earned a Bachelor of Humanities with High Distinction in Secondary Education/English from Pennsylvania State University at Harrisburg. She also received the Humanities Academic Achievement Award. Natalie is licensed to teach high school English, middle school language arts, and middle school science, with additional certification in Teaching Diverse Learners. She has taught at public and private schools in Pennsylvania and North Carolina, and at a community college in Pennsylvania. During her teaching career, Ms. Dekle was twice selected for inclusion in Who’s Who among American Teachers. At her last school, in addition to serving on the School Improvement Plan Committee and co-chairing the school’s re-accreditation committee for two re-accreditation cycles, Natalie served as a faculty representative on the School Advisory Board and advisor to the yearbook staff.
Outside of her work in education, Ms. Dekle has worked as a guest curator at the Hershey Museum and a project director at the Hershey Community Archives, researching and compiling a museum exhibit and an oral history project on the Italian Community in Hershey. She also has experience in arts administration, through her employment as Program Director at the Hershey Educational and Cultural Center and at Pinecone: Piedmont Council of Traditional Music in Raleigh. Her responsibilities at these organizations included maintaining membership records, as well as budgeting, staffing, and publicity.
Cynthia Gadol earned a BA in Statistics from the University of Georgia, after majoring in Art the first two years. She worked as a Programmer/Analyst and Technical Writer for a number of years. Ms. Gadol earned a Master of School Administration from Appalachian State University. She holds a North Carolina K-12 Principal’s license and is also licensed to teach High School Mathematics.
As one of the founding teachers at Thomas Jefferson Classical Academy, which opened in rural, western North Carolina in 1999, Ms. Gadol helped develop the high school curriculum. Over a period of twelve years she taught various courses: Art and Art History, Logic I and II, Rhetoric, Algebra I and II, Geometry, and AP Statistics. She served as Chair first for the Mathematics Department and then for the Trivium Department. She was a member of the Curriculum Committee, the Scheduling Committee, the Scholarship Committee, the School Improvement Team, and the AdvancEd Accreditation Team.
Ms. Gadol led professional development courses at TJCA on teaching critical thinking and logic throughout the curriculum, Socratic questioning, and Paideia seminars. She worked with the Drama Club, helping with sets, designing and sewing costumes, and occasionally directing and coaching. While at TJCA, she was the National Honor Society adviser and oversaw Prom and Graduation activities. The National Society of High School Scholars recognized Ms. Gadol as an Educator of Distinction after one of her students who was a member nominated her. She was selected for Who’s Who among American Teachers for three years, nominated by four different students. Her school nominated Ms. Gadol for Disney’s American Teacher Award for creativity in teaching and for NC Charter School Teacher of the Year. The recognition of which Ms. Gadol is most proud is the TJCA’s Punniest Teacher Award, presented in 2006 by the senior class. To date, she is the only recipient of this award.
Ms. Gadol’s peer teachers elected her as the upper school teacher representative to TJCA’s Board of Directors. Ms. Gadol was invited by the TEAMCFA Representative to became a TeamCFA Fellow in 2012. She worked in administration at two TEAMCFA schools, Thomas Jefferson Classical Academy and Lake Lure Classical Academy, before opening Excelsior Classical Academy.
Ms. Gadol’s retires in June, 2025, at the end of Excelsior’s tenth year.
