Appendix A: OCR Response to Veir Inquiry Re Various Matters 20 IDELR 864
504 of the Rehabilitation Act of 1973 (Section 504). However, a school district is not required to evaluate a student who the school district does not believe has a disability, e.g. a mental or physical impairment which substantially limits a major life activity, such as learning. A district is required to conduct an evaluation of any person who, because of disability, needs, or whom the district believes to need, regular or special education and related services before placing the person in a regular or special education program with related services, 34 C.F.R. §104.35(a). If a school district determines, based on the facts and circumstances of the individual case, that a medical assessment is necessary to make an appropriate evaluation consistent with 34 C.F.R. § 104.35(a) and (b), the district must ensure that the child receives this assessment at no cost to the parents. If alternate assessment methods meet the evaluation criteria, these methods may be used in lieu of a medical assessment. If a district does not believe that a student has a disability and refuses to evaluate the child, the district must inform the parents of their due process rights under 34 C.F.R § 104.36. Please note that we did not respond to the second question regarding a medical record because we did not understand the context, e.g. , What does “if the incident was many years ago” mean? 2. Are districts required to provide the food when dietary modifications are needed? Or do parents provide the food and the school prepare it (like with medication)? It depends. A recipient, in providing any aid, benefit, or service, may not deny or afford a person with a disability an opportunity to participate in, or benefit from, an aid, benefit, or service, such as the provision of food services, that is not equal to, or as effective as, that provided to persons without disability. The recipient also is required to provide free appropriate public education to each qualified person with a disability. The provision of an appropriate education is the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of persons with disabilities as adequately as the needs of persons without disabilities are met. 34 C.F.R. § 104.33 (a) and (b) . Unlike medicine, which the school is not required to provide for any student, if the school provides food to students generally, it would also have to provide an appropriate lunch to the student with disabilities who has special dietary needs on the same basis that food is provided to students without disabilities. Depending on the circumstances, the school may have to provide special foods to meet the individual needs of the student with disabilities. This responsibility is determined on a case-by-case basis. 3. Are the public schools that have responsibilities under Section 504 also responsible for providing services to students in private schools? Must a child find be conducted in the private schools by the public entity? Must the public schools provide evaluations for private school children who are suspected of having a substantial limitation in one or more life activities if the parents request one? If the public school must serve these children, must the public school provide the transportation? Can
BP 2003 – Civil Rights Protection and 504 Accommodations Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/17)
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