Comparing Section 504 Enforcement Options
In light of changes at the Office of Civil Rights, Arizona families should know their options for enforcing their rights under Section 504. In our final post, we have created a chart to help families weigh their options.
|
Internal Grievance |
504 Impartial Hearing |
ACRD Charge of Discrimination |
Private Lawsuit |
OCR Complaint |
|
|
Cost to File |
Free |
Free |
Free |
≥ $222.00 (Arizona Superior Court) ≥ $405.00 (federal court) |
Free |
|
Timelines to File |
Check school policy |
Check school policy |
180 days |
2 years |
180 days |
|
Known Timeframe |
Check school policy |
Check school policy |
At least 1 year or more to complete investigation |
None |
None |
|
Types of Relief Available |
– Corrective action (trainings/policy change) – Compensatory education – Evaluation – Change of placement |
– Corrective action (trainings/policy change) – Compensatory education – Evaluation – Change of placement |
– Corrective action (policy/structural change) – Anything agreed upon by both parties in mediation/ conciliation – ACRD lawsuit |
– Court ordered corrective action – Monetary damages (if discrimination was intentional or done with deliberate indifference) |
– Voluntary resolution agreement – Corrective action (trainings/policy change) – Compensatory education – Anything agreed upon by both parties in resolution agreement/ mediation |
|
Availability of free Mediation Programs |
Check school policy |
Check school policy |
✓ |
✗ |
✓ |
