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Dr. Miguel Cardona (left), Secretary of Education and Cindy Marten, Deputy Secretary | https://www2.ed.gov/news/staff/bios/index.html

Education Department releases resources on protecting disabled students' civil rights

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The U.S. Department of Education’s Office for Civil Rights (OCR) released three new resources today, providing information for students, parents and families, and schools on the civil rights of students with sickle cell disease, epilepsy, and cancer. This release coincides with World Sickle Cell Day and National Black Family Cancer Awareness Week.

The resources aim to inform students with disabilities, their families, and educational institutions about legal rights under Section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination against students with disabilities by institutions that accept federal financial assistance, encompassing almost all public schools and public and private higher education institutions. These new resources detail when these medical conditions warrant protections under Section 504, the modifications an institution may need to implement to avoid unlawful discrimination, and steps to remedy past discrimination.

OCR also enforces Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin. According to the Centers for Disease Control and Prevention (CDC), over 90% of individuals with sickle cell disease in the United States are Black; Black Americans are more likely than White and Hispanic Americans to have active epilepsy; and Black Americans have higher rates of incidence and mortality from various cancers compared to other racial and ethnic groups. OCR ensures compliance with all applicable laws within its jurisdiction during investigations.

“These new resources will give all students experiencing sickle cell disease, epilepsy, or cancer, as well as their families and schools, important tools to understand when and how they are protected by federal disability rights laws,” said Assistant Secretary for Civil Rights Catherine E. Lhamon.

The new resources concerning sickle cell disease, epilepsy, and cancer are available on the OCR website.

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