Appendix A: OCR Response to Veir Inquiry Re Various Matters 20 IDELR 864 Digest of Response (December 1, 1993) Medical Assessment Required Only if District Suspects a Disability
A district may not require a parent or a student to provide a medical statement if the district suspects that the student has a disability that would result in Section 504 eligibility. In such a circumstance, the district is obligated to conduct an evaluation of the student, including a medical assessment, if necessary, at no cost to the parents. On the other hand, if the district does not believe that the student has a disability that would result in Section 504 eligibility, then the district must inform the parents of their due process rights to challenge the decision not to evaluate. Special Foods May be Required for Students with Disabilities Unlike medication, which a district is not responsible for providing to any student, if the district provides food services to students generally, then it would also be required to provide appropriate food services to a student with a disability who has special dietary needs, on the same basis that food services are provided to students without disabilities. Thus, as determined on a case-by-case basis, the district may be required to provide special foods to meet the individual needs of a student with a disability. Parentally-Placed Students Lack Entitlement to Services If a district has made FAPE available to a student with disabilities, and the parent or guardian nevertheless places the student at a private school, then the district is not required to provide services to the student at the private school. Furthermore, while districts are required to take steps annually to identify and locate students with disabilities who are not receiving public educations, the Section 504 regulations do not specify the manner in which a district may undertake this child find responsibility. Accordingly, steps other than conducting child find activities at private school locations may be sufficient, such as disseminating notices to private schools and state and local agencies and placing notices in newspapers. IDEA Ineligibility Does Not Automatically Result in Section 504 Eligibility Depending on the severity of their disabling conditions, students who do not meet IDEA eligibility criteria may or may not fit within the definition of Section 504 eligibility. Section 504 eligibility is not automatically bestowed on a student who is referred for a special education evaluation and
who is subsequently determined not to be IDEA-eligible. Section 504 Requirements Met by Compliance with IDEA
OCR cannot conceive of any situation in which children identified as IDEA-eligible are not also entitled to Section 504 protection. However, pursuant to the Section 504 regulations, the implementation of an IEP in accordance with the IDEA is one means of meeting the Section 504 requirements for a student with a disability, assuming that the student is being served for the same disability under both the IDEA and Section 504.
BP 2003 – Civil Rights Protection and 504 Accommodations Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/17)
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