ADA and Section 504: Fighting Disability Discrimination in School

Congruence Law, P.C. Defends Students with Disabilities from Unequal Treatment

Students with disabilities are entitled not just to access, but to equal dignity, participation, and opportunity in school. When a district denies accommodations, segregates students, or imposes barriers to learning, it violates federal disability rights law—including Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA).

These laws prohibit public schools from discriminating against students with disabilities in any program, activity, or service. That includes academics, extracurriculars, transportation, technology access, and more.

At Congruence Law, P.C., we represent students and families who have been marginalized, penalized, or denied full participation in school due to their disabilities. We hold school districts accountable—and push for systemic change when necessary.

What Does Section 504 Require?

Section 504 mandates that public schools:

• Identify and evaluate students with disabilities

• Provide reasonable accommodations to ensure equal access to education

• Modify policies and practices when needed to prevent discrimination

• Avoid retaliatory treatment when students or families assert their rights

The definition of disability under Section 504 is broad—covering any physical or mental impairment that substantially limits a major life activity (e.g., learning, focusing, reading, walking, breathing, emotional regulation, etc.).

How the ADA Extends These Protections

The Americans with Disabilities Act (ADA) complements Section 504 by prohibiting disability discrimination in all public entities, including schools, regardless of federal funding. It reinforces the right to:

• Physical accessibility (e.g., ramps, elevators, accessible restrooms)

• Communication access (e.g., interpreters, captioning, assistive tech)

• Non-discriminatory discipline

• Meaningful participation in programs, sports, and clubs

Common Forms of Disability Discrimination in Schools

➤ Denying or delaying accommodations after a parent requests support

➤ Excluding students from field trips, sports, or honors programs

➤ Refusing to modify rules or policies, like strict attendance or homework policies, that disproportionately harm disabled students

➤ Disciplining students for disability-related behaviors without appropriate interventions

➤ Providing inaccessible facilities or websites

➤ Failing to respond to bullying based on disability

What We Do at Congruence Law, P.C.

We represent students with a wide range of disabilities—including ADHD, autism, anxiety, dyslexia, mobility impairments, and chronic illnesses—who have been denied their rights under Section 504 and the ADA.

Our services include:

• Securing 504 Plans or revising inadequate ones

• Filing discrimination complaints with the Office for Civil Rights (OCR)

• Challenging exclusionary discipline or illegal removals

• Obtaining physical, digital, or programmatic access

• Pursuing compensatory education or equitable relief

• Litigating ADA and Section 504 violations in state or federal court

We also provide intersectional advocacy for students who face multiple forms of discrimination (e.g., disability + race, disability + gender identity).

What Schools Get Wrong—and How We Push Back

“Your child doesn’t qualify because they’re doing fine academically.”→ Section 504 protects students even if they are succeeding despite their disability. Access, not just grades, is the standard.

“We only provide that with an IEP.”→ ADA and 504 require reasonable accommodations regardless of IDEA eligibility.

“That behavior isn’t part of the disability.”→ Manifestation determinations must be based on a full understanding of the student’s profile—not assumptions.

“We already do enough.”→ Compliance is measured by individual need, not institutional convenience.

Pitfalls to Avoid

• Accepting a generic 504 Plan. The plan must be tailored to your child’s specific needs—with clear, enforceable provisions.

• Failing to challenge subtle exclusion. Discrimination doesn’t have to be overt to be unlawful.

• Letting the school handle everything informally. Formal rights require formal procedures and documentation.

• Giving up after an OCR denial. You may still have legal remedies through state law or federal court.

Why Choose Congruence Law, P.C.

We believe every student deserves to learn in an environment that affirms their needs and honors their potential. We stand beside families who refuse to let disability be used as an excuse for exclusion, punishment, or neglect.

If your child has been denied accommodations, subjected to discriminatory treatment, or excluded from full participation in school, contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you transform denial into empowerment—and ensure your child’s rights are respected every step of the way.