Appendix A: OCR Response to Veir Inquiry Re Various Matters 20 IDELR 864
Districts May Take Parents to Section 504 Hearin gs Districts may take parents to due process hearings under Section 504, and in some circumstances, are required to do so. For example, if a child is receiving Section 504 services and the parents subsequently withdraw their consent to the provision of these services, then the district may not simply accede to the parents’ wishes, but rather, must take the parents to a hearing under Section
504, if the district continues to believe that the services are necessary. Home-Schooled Students Not Entitled to Section 504 Services
If a district has offered FAPE to a student who has been identified under Section 504, but the parent decides not to enroll the student in public education program (such as a parental decision to provide the student with home schooling), then the district is not responsible under Section 504 for the provision of educational services to the student. Certain Section 504 Terms and Definitions are Interchangeable The meaning of the terms “related aids and services” and “Supplemental aids and services” under the Section 504 regulations at 34 CFR 104.33(b) and 104.34(a), respectively, are identical and, therefore, interchangeable. The phrases “regular or special education and related aids and services” and “special education or related services…in a regular or special education program” under the Section 504 regulations at 34 CFR 104.33(b) and 104.35(a), respectively, also have identical meanings. Transportation Services May Not be Unilaterally Terminated If transportation is deemed to be a related service for a student with a disability, then the district may not revoke transportation services, even when the student has exhibited disruptive or dangerous behavior during transit to and from school, without taking steps to conform to all of the Section 504 requirements that are applicable to disciplinary sanctions. A district may, however, seek to change the mode or method of providing transportation services if a student with a disability poses a danger to himself or others. I am pleased to respond to your letter to Assistant Secretary for Civil Rights, Norma V. Cantu, on behalf of the Texas Association of Section 504 Coordinators and Hearing Officers. In your letter, you ask 10 questions. I will restate each question, and follow each with a response. 1. Can a district require a medical statement for students for whom they cannot pinpoint a medical or physical impairment that is substantially limiting a major life activity within the schools and for which assistance is needed in the school? If the incident was many years ago, must the district have a medical record or statement prior to ruling eligibility? A district cannot require a parent or student to provide a medical statement if the district suspects that the student has a disability that would necessitate the provision of regular or special education and related aids and services under the regulations implementing Section
BP 2003 – Civil Rights Protection and 504 Accommodations Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/17)
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