The Section 504 regulation at 34 C.F.R. § 104.32 does not require public schools to take steps annually to identify and locate children with disabilities who are not receiving a public education and to publicize to children with disabilities and their parents the rights and duties established by Section 504 and the regulation implementing Section 504. The regulation does not specify the manner in which a district must meet its location and notification responsibility. There are many means available including notices to private schools, state and local agencies, and notices placed in newspapers. 4. For students who are referred to Special Education but do not qualify under IDEA criteria, do they automatically become Section 504 students? (Board policies of most districts state that the students automatically become Section 504 if they do not qualify for IDEA services.) Under Section 504, a “person with disabilities” is defined as any person who has a physical or mental impairment which substantially limits a major life activity. Thus, depending on the severity of their condition, students who do not meet the standards under Part B of the Individuals with Disabilities Education Act (IDEA) may or may not fit within the Section 504 definition. It is not automatic. 5. Can a student be identified as IDEA eligible be receiving some services under IDEA, and also be identified as a Section 504 student and be receiving different assistance in the regular classroom under Section 504? If the child is eligible for IDEA for the disability, shouldn’t they receive all services for their disability under IDEA? For purposes of this response, we assumed that the student described in the question is being served for the same disability under IDEA and Section 504. In order to be eligible for services under the IDEA, a child must be found to have one or more of the 13 disability categories specified and must also be found to need special education. The Office for Civil Rights cannot conceive of any situation in which these children would not also be entitled to the protection extended by Section 504. A student identified as IDEA eligible and receiving services under the IDEA in order to receive a free and appropriate public education could receive the same assistance in order to comply with Section 504. Section 104.33(b)(2) states that implementation of an individualized education program developed 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.
Chapter 16 – Civil Rights Protection and 504 Accommodations, Charter SELPA
Page 10
As of 09/8/2017
Made with FlippingBook - professional solution for displaying marketing and sales documents online