Appendix A: OCR Response to Veir Inquiry Re Various Matters 20 IDELR 864
If transportation is a related service for a child with disabilities, any incident of misconduct on the bus should be viewed in the same manner as any disciplinary incident in the school. A district cannot revoke transportation services just as a district could not suspend a student with disabilities in excess of 10 days or, in some cases, impose cumulative suspensions exceeding 10 days without taking a number of prior actions. A district can change the mode or method of providing transportation services if a student with disabilities is endangering himself or others, just as a district can place a child with disabilities in a more restrictive setting if the child becomes dangerous. 10. Must a child who has a record of impairment, who was protected by Section 503 at one time but is no longer in need of any special accommodations, be disciplined in the same manner as a child who is currently receiving accommodations due to a current impairment? In other words, both students are Section 504, one is current and the other has a record of an impairment although not currently receiving services, but is the student who is not currently receiving Section 504 services and protection still entitled to the manifestation determination prior to disciplinary actions? Your question was somewhat confusing because we could not determine whether you were concerned about a person who no longer has a disability or who no longer requires services. A child with a disability who does not require services is still entitled to the protections afforded by Section 504. I hope this information has been helpful. If you have any questions, please call Ms. Gale Barron Black at (202) 205-8524.
Jean P. Peelan Director, Elementary and Secondary Education, Policy Division Office for Civil Rights
BP 2003 – Civil Rights Protection and 504 Accommodations Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/17)
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