Appendix A: OCR Response to Veir Inquiry Re Various Matters 20 IDELR 864
in accordance with IDEA is one means of meeting Section 504’s requirement for the provision of regular and special education and related aids and services designed to meet individual educational needs of persons with disabilities as adequately as the needs of persons without disabilities are met. 6. It is clear that a parent can take the school district to a hearing regarding their Section 504 student. Can a district take a parent to hearing as well? Yes. For instance, if a child is receiving services the school district thinks are necessary for the provision of a free appropriate public education under Section 504, and the parent decides he/she no longer wants the child to receive the services; the district cannot simply accede to the parent’s wishes. It must use the Section 504 due process hearing requirements or other proceedings if the school district believes the child needs the services. 7. If a child is identified as in need of modifications/services under Section 504, and the parent decides to home-school the child, is the district still responsible for providing services in the home for this child because they are in the jurisdictional area of the school’s responsibility? No. Where a district has offered an appropriate education, a district is not responsible, under Section 504, for the provision of educational services to students not enrolled in the public education program based on the personal choice of the parent or guardian. 34 C.F.R. § 104.33 (o)(4). 8. Section 104.33(b) speaks to “related aids and services.” What is the difference between this and 104.34(a) “supplemental aid and services?” Section 104.33(b) speaks to “regular or special education and related aids and services,” whereas 104.35 speaks to “special education or related services … in a regular or special education program.” Please provide clarification as to the meaning of these phrases and how they are to be interpreted . Under Section 504, the meaning of the terms “related aids and services” and “supplemental aids and services” is identical, and the terms are interchangeable. The phrases “regular or special education and related aids and services” in Section 104.35(a) and “special education or related services … in a regular or special education program” also have identical meanings. 9. If a Section 504 child is, due to his handicapping condition, constantly disruptive on the school bus, can the district have the child’s bus privileges removed if s/he needs the transportation to get to school? If so, must the district still provide transportation? How about when the child is a threat to the safety of other children on the bus?
BP 2003 – Civil Rights Protection and 504 Accommodations Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/17)
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