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? 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?
Chapter 16 – Civil Rights Protection and 504 Accommodations, Charter SELPA
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As of 09/8/2017
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