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. Below is 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 |
✓ |
✗ |
✓ |
