The U.S. Department of Education (ED) enforces Section 504 in programs and activities that receive financial assistance from ED. Recipients of this assistance include public school districts, institutions of higher education, and other state and local education agencies. ED maintains an Office for Civil Rights (OCR), with ten regional offices and a headquarters office in Washington, D.C., to enforce Section 504 and other civil rights laws that pertain to recipients of ED funds. (The addresses and telephone numbers of the OCR regional offices are included at the back of this pamphlet.)

For coverage under Section 504, an individual with handicaps must be "qualified" for service by the school or institution receiving ED funds. For example, the ED Section 504 regulation defines a "qualified handicapped person" with respect to public preschool, elementary, secondary, or adult education services, as a person with a handicap who is:


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Students with hidden disabilities frequently are not properly diagnosed. For example, a student with an undiagnosed hearing impairment may be unable to understand much of what a teacher says; a student with a learning disability may be unable to process oral or written information routinely; or a student with an emotional problem may be unable to concentrate in a regular classroom setting. As a result, these students, regardless of their intelligence, will be unable to fully demonstrate their ability or attain educational benefits equal to that of nonhandicapped students. They may be perceived by teachers and fellow students as slow, lazy, or as discipline problems.

Whether a child is already in school or not, if his/her parents feel the child needs special education or related services, they should get in touch with the local superintendent of schools. For example, a parent who believes his or her child has a hearing impairment or is having difficulty understanding a teacher, may request to have the child evaluated so that the child may receive appropriate education. A child with behavior problems, or one who is doing poorly academically, may have an undiagnosed hidden disability. A parent has the right to request that the school determine whether the child is handicapped and whether special education or related services are needed to provide the child an appropriate education. Once it is determined that a child needs special education or related services, the recipient school system must arrange to provide appropriate services.

The ED Section 504 regulation defines a qualified individual with handicaps for postsecondary education programs as a person with a handicap who meets the academic and technical standards requisite for admission to, or participation in, the college's education program or activity.

A college has no obligation to identify students with handicaps. In fact, Section 504 prohibits a postsecondary education recipient from making a preadmission inquiry as to whether an applicant for admission is a handicapped person. However, a postsecondary institution is required to inform applicants and other interested parties of the availability of auxiliary aids, services, and academic adjustments, and the name of the person designated to coordinate the college's efforts to carry out the requirements of Section 504. After admission (including the period between admission and enrollment), the college may make confidential inquiries as to whether a person has a handicap for the purpose of determining whether certain academic adjustments or auxiliary aids or services may be needed.

Many students with hidden disabilities, seeking college degrees, were provided with special education services during their elementary and secondary school years. It is especially important for these students to understand that postsecondary institutions also have responsibilities to protect the rights of students with disabilities. In elementary and secondary school, their school district was responsible for identifying, evaluating, and providing individualized special education and related services to meet their needs. At the postsecondary level, however, there are some important differences. The key provisions of Section 504 at the postsecondary level are highlighted below.

Whether defined narrowly or broadly, civic education raises empiricalquestions: What causes people to develop durable habits, values,knowledge, and skills relevant to their membership in communities? Arepeople affected differently if they vary by age, social or culturalbackground, and starting assumptions? For example, does a high schoolcivics course have lasting effects on various kinds of students, andwhat would make it more effective?

From the 1960s until the 1980s, empirical questions concerning civiceducation were relatively neglected, mainly because of a prevailingassumption that intentional programs would not have significantand durable effects, given the more powerful influences of socialclass and ideology (Cook, 1985). Since then, many research studies andprogram evaluations have found substantial effects, and most socialscientists who study the topic now believe that educational practices,such as discussion of controversial issues, hands-on action, andreflection, can influence students (Sherrod, Torney-Purta &Flanagan, 2010).

What means of civic education are ethically appropriate? Itmight, for example, be effective to punish students who fail tomemorize patriotic statements, or to pay students for communityservice, but the ethics of those approaches would be controversial. Aneducator might engage students in open discussions of current eventsbecause of a commitment to treating them as autonomous agents,regardless of the consequences. As with other topics, the properrelationship between means and ends is contested.

These questions are rarely treated together as part of comprehensivetheories of civic education; instead, they arise in passing in worksabout politics or education. Some of these questions have never beenmuch explored by professional philosophers, but they arise frequentlyin public debates about citizenship.

Acting against this view of education was John Dewey. Because Deweysaw democracy as a way of life, he argued that all children deservedand required a democratic education.[6] As citizens came to share in the interests of others, which theywould do in their schools, divisions of race, class, and ethnicitywould be worn down and transcended. Dewey thought that the actualinterests and experiences of students should be the basis of theireducation. I recur to a consideration of Dewey and civic educationbelow.

If governments and communities function much better when people havesocial networks and use them for public purposes, then civic educationbecomes important and it is substantially about teaching people tocreate, appreciate, preserve, and use social networks. A pedagogicalapproach like Service Learning (see below) might be most promising for that purpose.

Along with her husband Vincent Ostrom, Elinor Ostrom developed theidea of polycentric governance, according to which we are citizens ofmultiple, overlapping, and nested communities, from the smallestneighborhoods to the globe. Collective action problems are bestaddressed polycentrically, not reserved for national governments orparceled out neatly among levels of government. As president of theAmerican Political Science Association and in other prominent roles,Ostrom advocated civic education that would teach people to addresscollective action problems in multiple settings and scales.

The theory of public work suggests that civic education should behighly experiential and closely related to vocational education. Youngpeople should gain skills and agency by actually making thingstogether. A good outcome is an individual who will be able tocontribute to the commonwealth through her or his work. Albert Dzur(2008), who holds a kindred but not identical view, emphasizes theimportance of revising professional education so that professionalslearn to collaborate better with laypeople.

What do we do when the requirements of civic education call intoquestion the values or beliefs of what one takes to be the values ofbeing a good person? In Mozert v. Hawkins County Board ofEducation just such a case occurred. Should the Mozerts and otherfundamentalist Christian parents have the right to opt their childrenout of those classes that required their children to read selectionsthat went against or undermined their faith? On the one hand, if theyare permitted to opt out, then without those children present theclass is denied the diversity of opinion on the reading selectionsthat would be educative and a hallmark of democracy. On the otherhand, if the children cannot opt out, then they are denied the rightto follow their faith as they think necessary.[9]

What we have, then, is not a spectrum but a sequence, a developmentalsequence. Character education, from this perspective, begins with theinculcation in students of specific values. But at a later datecharacter education switches to teaching and using the skills ofcritical thinking on the very values that have been inculcated.

Another set of values to inculcate at this early stage is thatassociated with democracy. Here the lessons are more didactic thanbehavioral. One point of civic education in a democracy is to raisefree and equal citizens who appreciate that they have both rights andresponsibilities. Students need to learn that they have freedoms, suchas those found in Bill of Rights (press, assembly, worship, and thelike) in the U. S. Constitution. But they also need to learn that theyhave responsibilities to their fellow citizens and to their country.This requires teaching students to obey the law; not to interfere withthe rights of others; and to honor their country, its principles, andits values. Schools must teach those traits or virtues that conduce todemocratic character: cooperation, honesty, toleration, andrespect.

We can think of civic action as participation that involves far morethan serving, voting, working or writing a letter to the editor. Itcan take many other forms: attending and participating in politicalmeetings; organizing and running meetings, rallies, protests, funddrives; gathering signatures for bills, ballots, initiatives, recalls;serving on local elected and appointed boards; starting orparticipating in political clubs; deliberating with fellow citizensabout social and political issues central to their lives; and pursuingcareers that have public value. ff782bc1db

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