Special Education Law- Can You Deny Services Your Child Qualifys For?

Frequently Asked Questions About Department 504 and the Instruction of Children with Disabilities

This document is a revised version of a document originally adult by the Chicago Office of the Role for Civil Rights (OCR) in the U.S. Department of Didactics (ED) to analyze the requirements of Section 504 of the Rehabilitation Act of 1973, every bit amended (Section 504) in the expanse of public elementary and secondary education. The principal purpose of these revisions is to incorporate data about the Americans with Disabilities Act Amendments Deed of 2008 (Amendments Act), effective January 1, 2009, which amended the Americans with Disabilities Deed of 1990 (ADA) and included a conforming amendment to the Rehabilitation Human activity of 1973 that affects the significant of disability in Section 504. The Amendments Act broadens the interpretation of disability. The Amendments Human activity does not require ED to amend its Section 504 regulations. ED's Department 504 regulations as currently written are valid and OCR is enforcing them consequent with the Amendments Act. In addition, OCR is currently evaluating the impact of the Amendments Act on OCR'due south enforcement responsibilities under Section 504 and Title II of the ADA, including whether any changes in regulations, guidance, or other publications are advisable. The revisions to this Oftentimes Asked Questions document do non address the furnishings, if any, on Section 504 and Title II of the amendments to the regulations implementing the Individuals with Disabilities Educational activity Act (Thought) that were published in the Federal Register at 73 Fed. Reg. 73006 (Dec 1, 2008).

INTRODUCTION

An important responsibleness of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of inability against students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.s.a.C. § 794 (Section 504). Well-nigh of these business identification of students who are protected by Department 504 and the means to obtain an appropriate education for such students.

Department 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Teaching (ED). Department 504 provides: "No otherwise qualified individual with a inability in the United States . . . shall, solely by reason of her or his disability, exist excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial help . . . ."

OCR enforces Section 504 in programs and activities that receive Federal financial help from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Function 104.

The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school commune's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to run into the student's individual educational needs as adequately as the needs of nondisabled students are met.

This resource document clarifies pertinent requirements of Department 504.

For boosted information, delight contact the Office for Ceremonious Rights.

INTERRELATIONSHIP OF IDEA AND SECTION 504

ane. What is the jurisdiction of the Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS) and state departments of pedagogy/teaching regarding educational services to students with disabilities?

OCR, a component of the U.S. Department of Education, enforces Section 504 of the Rehabilitation Act of 1973, every bit amended, (Section 504) a civil rights statute which prohibits discrimination confronting individuals with disabilities. OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title Ii), which extends this prohibition confronting discrimination to the full range of state and local authorities services, programs, and activities (including public schools) regardless of whether they receive whatsoever Federal financial assistance. The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January one, 2009, amended the Americans with Disabilities Deed of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Human activity) that affects the meaning of disability in Section 504. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Section 504. The Title II regulations applicative to free appropriate public pedagogy bug exercise not provide greater protection than applicable Section 504 regulations. This guidance focuses primarily on Section 504.

Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial help from the U.S. Section of Education. Championship II prohibits discrimination on the footing of disability by land and local governments. The Office of Special Didactics and Rehabilitative Services (OSERS), also a component of the U.South. Department of Education, administers the Individuals with Disabilities Education Deed (Idea), a statute which funds special educational activity programs. Each state educational bureau is responsible for administering IDEA within the land and distributing the funds for special didactics programs. IDEA is a grant statute and attaches many specific weather to the receipt of Federal IDEA funds. Department 504 and the ADA are antidiscrimination laws and do not provide whatever type of funding.

2. How does OCR become involved in disability problems within a school district?

OCR receives complaints from parents, students or advocates, conducts bureau initiated compliance reviews, and provides technical aid to school districts, parents or advocates.

3. Where can a schoolhouse commune, parent, or student get information on Section 504 or find out information most OCR's interpretation of Department 504 and Title Ii?

OCR provides technical assist to schoolhouse districts, parents, and students upon request. Additionally, regulations and publicly issued policy guidance is available on OCR's website, at http://www.ed.gov/policy/rights/guid/ocr/disability.html.

four. What services are bachelor for students with disabilities under Section 504?

Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.

5. Does OCR examine private placement or other educational decisions for students with disabilities?

Except in extraordinary circumstances, OCR does not review the result of individual placement or other educational decisions and then long as the schoolhouse district complies with the procedural requirements of Section 504 relating to identification and location of students with disabilities, evaluation of such students, and due procedure. Accordingly, OCR generally will not evaluate the content of a Department 504 plan or of an individualized education programme (IEP); rather, whatsoever disagreement can be resolved through a due process hearing. The hearing would exist conducted under Section 504 or the IDEA, whichever is applicable.

OCR will examine procedures by which school districts place and evaluate students with disabilities and the procedural safeguards which those schoolhouse districts provide students. OCR will likewise examine incidents in which students with disabilities are allegedly subjected to treatment which is dissimilar from the handling to which similarly situated students without disabilities are subjected. Such incidents may involve the unwarranted exclusion of disabled students from educational programs and services.

6. What protections does OCR provide against retaliation?

Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any correct or privilege secured by Department 504.

7. Does OCR mediate complaints?

OCR does not engage in formal mediation. However, OCR may offer to facilitate mediation, referred to equally "Early Complaint Resolution," to resolve a complaint filed under Department 504. This approach brings the parties together and then that they may discuss possible resolution of the complaint immediately. If both parties are willing to utilize this arroyo, OCR will work with the parties to facilitate resolution by providing each an agreement of pertinent legal standards and possible remedies. An agreement reached between the parties is not monitored by OCR.

8. What does noncompliance with Department 504 mean?

A school district is out of compliance when information technology is violating any provision of the Section 504 statute or regulations.

9. What sanctions can OCR impose on a school district that is out of compliance?

OCR initially attempts to bring the school commune into voluntary compliance through negotiation of a corrective activeness agreement. If OCR is unable to attain voluntary compliance, OCR will initiate enforcement activity. OCR may: (1) initiate administrative proceedings to end Department of Teaching financial assistance to the recipient; or (ii) refer the case to the Department of Justice for judicial proceedings.

x. Who has ultimate authority to enforce Section 504?

In the educational context, OCR has been given administrative potency to enforce Department 504. Department 504 is a Federal statute that may be enforced through the Department's administrative procedure or through the Federal courtroom organisation. In addition, a person may at any fourth dimension file a individual lawsuit against a school commune. The Section 504 regulations do non contain a requirement that a person file a complaint with OCR and exhaust his or her authoritative remedies earlier filing a private lawsuit.

STUDENTS PROTECTED UNDER Department 504

Section 504 covers qualified students with disabilities who nourish schools receiving Federal financial assistance. To be protected under Department 504, a student must be determined to: (one) have a concrete or mental impairment that substantially limits one or more major life activities; or (two) have a record of such an impairment; or (iii) exist regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public educational activity (FAPE) to qualified students in their jurisdictions who have a concrete or mental impairment that essentially limits one or more than major life activities.

11. What is a concrete or mental impairment that substantially limits a major life activity?

The determination of whether a student has a physical or mental harm that substantially limits a major life activeness must be made on the basis of an individual inquiry. The Department 504 regulatory provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental harm as whatsoever physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the post-obit body systems: neurological; musculoskeletal; special sense organs; respiratory, including spoken language organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic encephalon syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not prepare forth an exhaustive list of specific diseases and conditions that may found physical or mental impairments considering of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such every bit caring for one's self, performing transmission tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is non exhaustive. Other functions can be major life activities for purposes of Department 504. In the Amendments Human action (see FAQ one), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress too provided a non-exhaustive list of examples of "major actual functions" that are major life activities, such every bit the functions of the immune organization, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not every bit comprehensive as the Amendments Act, is still valid – the Section 504 regulatory provision's list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Department 504 regulatory provision tin nonetheless be a major life action.

12. Does the meaning of the phrase "qualified student with a disability" differ on the basis of a pupil's educational level, i.e., uncomplicated and secondary versus postsecondary?

Yes. At the elementary and secondary educational level, a "qualified student with a disability" is a student with a disability who is: of an age at which students without disabilities are provided simple and secondary educational services; of an age at which it is mandatory nether state law to provide elementary and secondary educational services to students with disabilities; or a pupil to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (Idea).

At the postsecondary educational level, a qualified student with a disability is a pupil with a inability who meets the bookish and technical standards requisite for access or participation in the establishment's educational programme or activity.

thirteen. Does the nature of services to which a student is entitled under Section 504 differ by educational level?

Yes. Public unproblematic and secondary recipients are required to provide a gratuitous appropriate public teaching to qualified students with disabilities. Such an education consists of regular or special teaching and related aids and services designed to run into the individual educational needs of students with disabilities as adequately every bit the needs of students without disabilities are met.

At the postsecondary level, the recipient is required to provide students with appropriate bookish adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school'due south program. Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden.

14. Once a student is identified as eligible for services nether Department 504, is that student e'er entitled to such services?

Yes, as long as the student remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a inability. If a recipient schoolhouse district re-evaluates a student in accord with the Department 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or physical damage no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Department 504.

15. Are electric current illegal users of drugs excluded from protection under Department 504?

Generally, yes. Section 504 excludes from the definition of a student with a disability, and from Section 504 protection, any student who is currently engaging in the illegal use of drugs when a covered entity acts on the basis of such utilize. (In that location are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs).

16. Are electric current users of alcohol excluded from protection nether Section 504?

No. Section 504's definition of a student with a disability does non exclude users of alcohol. However, Department 504 allows schools to have disciplinary activeness confronting students with disabilities using drugs or alcohol to the same extent equally students without disabilities.

EVALUATION

At the simple and secondary school level, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Department 504 requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate choice, administration, or interpretation of evaluation materials.

17. What is an advisable evaluation nether Department 504?

Recipient school districts must plant standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need special education and/or related services because of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires schoolhouse districts to individually evaluate a educatee before classifying the student as having a disability or providing the pupil with special didactics. Tests used for this purpose must be selected and administered and so as best to ensure that the test results accurately reflect the educatee'southward aptitude or achievement or other cistron being measured rather than reflect the student's inability, except where those are the factors being measured. Section 504 likewise requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and non merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered past trained personnel.

eighteen. How much is enough data to document that a student has a disability?

At the elementary and secondary education level, the amount of data required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the pregnant of the evaluation information, and the placement options. The commission members must determine if they have plenty data to make a knowledgeable decision as to whether or not the student has a disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process then that the possibility of error is minimized. The information obtained from all such sources must be documented and all meaning factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, concrete condition, social and cultural groundwork, and adaptive behavior. In evaluating a educatee suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the Thought regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504.

19. What process should a school commune employ to identify students eligible for services under Section 504? Is it the aforementioned procedure every bit that employed in identifying students eligible for services under the Thought?

School districts may use the same process to evaluate the needs of students under Department 504 as they utilise to evaluate the needs of students nether the Thought. If schoolhouse districts cull to prefer a split procedure for evaluating the needs of students under Department 504, they must follow the requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35.

20. May schoolhouse districts consider "mitigating measures" used past a student in determining whether the student has a disability nether Section 504?

No. As of January 1, 2009, school districts, in determining whether a student has a concrete or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of whatsoever mitigating measures that student is using. This is a alter from prior constabulary. Before January ane, 2009, school districts had to consider a student's use of mitigating measures in determining whether that student had a concrete or mental impairment that substantially limited that student in a major life activity. In the Amendments Human action (encounter FAQ 1), nevertheless, Congress specified that the ameliorative effects of mitigating measures must not exist considered in determining if a person is an individual with a disability.

Congress did not ascertain the term "mitigating measures" but rather provided a non-exhaustive list of "mitigating measures." The mitigating measures are equally follows: medication; medical supplies, equipment or appliances; depression-vision devices (which do not include ordinary eyeglasses or contact lenses); prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; utilise of assistive applied science; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.

Congress created one exception to the mitigating measures analysis. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activity. "Ordinary eyeglasses or contact lenses" are lenses that are intended to fully right visual acuity or eliminate refractive fault, whereas "low-vision devices" (listed above) are devices that magnify, enhance, or otherwise augment a visual image.

21. Does OCR endorse a single formula or calibration that measures substantial limitation?

No. The determination of substantial limitation must exist fabricated on a instance-past-case basis with respect to each private student. The Section 504 regulatory provision at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon information from a diversity of sources in making this determination.

22. Are there whatsoever impairments which automatically mean that a student has a disability under Department 504?

No. An harm in and of itself is non a inability. The damage must substantially limit one or more major life activities in lodge to be considered a disability under Department 504.

23. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE?

No. A physician's medical diagnosis may exist considered amid other sources in evaluating a student with an impairment or believed to accept an impairment which substantially limits a major life activeness. Other sources to be considered, along with the medical diagnosis, include bent and achievement tests, teacher recommendations, physical status, social and cultural background, and adaptive behavior. As noted in FAQ 22, the Section 504 regulations require school districts to draw upon a variety of sources in interpreting evaluation data and making placement decisions.

24. Does a medical diagnosis of an illness automatically hateful a student tin receive services under Section 504?

No. A medical diagnosis of an disease does non automatically hateful a student tin receive services under Section 504. The illness must cause a substantial limitation on the student's ability to larn or some other major life action. For example, a student who has a physical or mental damage would not be considered a student in need of services nether Section 504 if the impairment does not in whatsoever way limit the student'south ability to learn or other major life activeness, or simply results in some minor limitation in that regard.

25. How should a recipient school commune handle an outside independent evaluation? Practice all data brought to a multi-disciplinary committee need to be considered and given equal weight?

The results of an outside independent evaluation may be ane of many sources to consider. Multi-disciplinary committees must draw from a diverseness of sources in the evaluation process so that the possibility of fault is minimized. All significant factors related to the subject pupil'southward learning process must be considered. These sources and factors include bent and achievement tests, teacher recommendations, concrete condition, social and cultural background, and adaptive behavior, amidst others. Data from all sources must be documented and considered by knowledgeable committee members. The weight of the information is determined by the committee given the student's individual circumstances.

26. What should a recipient school district exercise if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Teaching Human action (IDEA), but demands a Section 504 plan for a student without further evaluation?

A schoolhouse commune must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a pupil has a disability, the Thought and Department 504 provide that schoolhouse districts may utilise due procedure hearing procedures to seek to override the parents' deprival of consent.

27. Who in the evaluation procedure makes the ultimate conclusion regarding a student's eligibility for services under Section 504?

The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (three) requires that schoolhouse districts ensure that the determination that a pupil is eligible for special education and/or related aids and services be made by a grouping of persons, including persons knowledgeable nearly the meaning of the evaluation information and knowledgeable almost the placement options. If a parent disagrees with the decision, he or she may request a due process hearing.

28. Once a student is identified as eligible for services nether Section 504, is there an almanac or triennial review requirement? If so, what is the appropriate process to be used? Or is it appropriate to proceed the same Department 504 plan in place indefinitely after a student has been identified?

Periodic re-evaluation is required. This may be conducted in accord with the IDEA regulations, which require re-evaluation at three-year intervals (unless the parent and public agency concur that re-evaluation is unnecessary) or more than frequently if conditions warrant, or if the child's parent or teacher requests a re-evaluation, just not more once a year (unless the parent and public agency agree otherwise).

29. Is a Section 504 re-evaluation similar to an Thought re-evaluation? How oft should it exist done?

Yep. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Department 504 regulations crave that re-evaluations be conducted periodically. Section 504 also requires a school district to acquit a re-evaluation prior to a significant modify of placement. OCR considers an exclusion from the educational program of more than ten school days a meaning alter of placement. OCR would likewise consider transferring a educatee from 1 blazon of plan to some other or terminating or significantly reducing a related service a significant change in placement.

thirty. What is reasonable justification for referring a educatee for evaluation for services under Section 504?

School districts may always use regular educational activity intervention strategies to assist students with difficulties in school. Department 504 requires recipient schoolhouse districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the educatee, considering of disability, needs or is believed to demand such services.

31. A student is receiving services that the school commune maintains are necessary nether Section 504 in social club to provide the student with an appropriate teaching. The pupil'due south parent no longer wants the educatee to receive those services. If the parent wishes to withdraw the student from a Section 504 plan, what tin the school district do to ensure continuation of services?

The school district may initiate a Department 504 due process hearing to resolve the dispute if the district believes the student needs the services in order to receive an appropriate education.

32. A educatee has a disability referenced in the Idea, but does not require special education services. Is such a student eligible for services under Section 504?

The educatee may be eligible for services nether Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to acquire or another major life activity and, if so, make an individualized decision of the child'due south educational needs for regular or special education or related aids or services. For example, such a pupil may receive adjustments in the regular classroom.

33. How should a recipient school district view a temporary impairment?

A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of i or more major life activities for an extended period of time. The issue of whether a temporary impairment is substantial enough to exist a disability must be resolved on a case-by-case basis, taking into consideration both the elapsing (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual.

In the Amendments Act (run across FAQ i), Congress antiseptic that an individual is non "regarded equally" an private with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of six months or less.

34. Is an impairment that is episodic or in remission a inability under Section 504?

Yes, nether certain circumstances. In the Amendments Act (see FAQ one), Congress clarified that an impairment that is episodic or in remission is a disability if it would substantially limit a major life action when active. A pupil with such an impairment is entitled to a gratis appropriate public education under Section 504.

PLACEMENT

Once a student is identified as being eligible for regular or special education and related aids or services, a determination must exist fabricated regarding the blazon of services the student needs.

35. If a pupil is eligible for services under both the IDEA and Section 504, must a school district develop both an individualized teaching program (IEP) under the IDEA and a Section 504 program under Section 504?

No. If a student is eligible under IDEA, he or she must accept an IEP. Under the Section 504 regulations, ane way to see Section 504 requirements for a free appropriate public education is to implement an IEP.

36. Must a school district develop a Department 504 plan for a pupil who either "has a record of disability" or is "regarded as disabled"?

No. In public unproblematic and secondary schools, unless a pupil actually has an impairment that essentially limits a major life activity, the mere fact that a student has a "tape of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that crave the provision of a costless appropriate public didactics (FAPE). This is consequent with the Amendments Act (see FAQ 1), in which Congress antiseptic that an individual who meets the definition of disability solely by virtue of existence "regarded as" disabled is not entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures. The phrases "has a record of disability" and "is regarded equally disabled" are meant to reach the state of affairs in which a student either does not currently accept or never had a inability, but is treated by others every bit such.

Every bit noted in FAQ 34, in the Amendments Act (come across FAQ one), Congress clarified that an private is not "regarded every bit" an private with a inability if the impairment is transitory and small. A transitory impairment is an impairment with an actual or expected duration of vi months or less.

37. What is the receiving school district's responsibility under Section 504 toward a student with a Department 504 plan who transfers from another district?

If a student with a disability transfers to a district from another school district with a Section 504 plan, the receiving district should review the plan and supporting documentation. If a grouping of persons at the receiving school district, including persons knowledgeable about the pregnant of the evaluation data and knowledgeable about the placement options determines that the plan is advisable, the district is required to implement the plan. If the district determines that the plan is inappropriate, the commune is to evaluate the student consequent with the Department 504 procedures at 34 C.F.R. 104.35 and determine which educational program is appropriate for the student. There is no Section 504 bar to the receiving school district honoring the previous IEP during the interim flow. Information about IDEA requirements when a student transfers is bachelor from the Office of Special Education and Rehabilitative Services at http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

40. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the district fails to implement the plans?

Regular pedagogy teachers must implement the provisions of Section 504 plans when those plans govern the teachers' handling of students for whom they are responsible. If the teachers neglect to implement the plans, such failure can cause the schoolhouse district to be in noncompliance with Section 504.

41. What is the deviation between a regular teaching intervention plan and a Section 504 plan?

A regular education intervention programme is appropriate for a student who does not have a disability or is not suspected of having a inability but may be facing challenges in school. School districts vary in how they accost performance problems of regular education students. Some districts utilize teams at individual schools, ordinarily referred to as "edifice teams." These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping students in need of aid. These teams are typically composed of regular and special teaching teachers who provide ideas to classroom teachers on methods for helping students experiencing academic or behavioral problems. The team usually records its ideas in a written regular education intervention programme. The team meets with an affected student'southward classroom teacher(s) and recommends strategies to address the student's issues within the regular education environs. The squad so follows the responsible instructor(s) to determine whether the student'southward performance or behavior has improved. In addition to building teams, districts may utilize other regular education intervention methods, including before-school and after-school programs, tutoring programs, and mentoring programs.

PROCEDURAL SAFEGUARDS

Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, demand or are believed to demand special instruction or related services.

42. Must a recipient school district obtain parental consent prior to conducting an initial evaluation?

Yeah. OCR has interpreted Section 504 to require districts to obtain parental permission for initial evaluations. If a district suspects a student needs or is believed to need special didactics or related services and parental consent is withheld, the Thought and Section 504 provide that districts may utilize due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.

43. If so, in what form is consent required?

Section 504 is silent on the form of parental consent required. OCR has accustomed written consent as compliance. Idea as well as many country laws besides require written consent prior to initiating an evaluation.

44. What can a recipient schoolhouse district practice if a parent withholds consent for a educatee to secure services under Department 504 later on a student is adamant eligible for services?

Department 504 neither prohibits nor requires a school commune to initiate a due procedure hearing to override a parental refusal to consent with respect to the initial provision of special pedagogy and related services. Nevertheless, school districts should consider that IDEA no longer permits schoolhouse districts to initiate a due process hearing to override a parental refusal to consent to the initial provision of services.

45. What procedural safeguards are required nether Section 504?

Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation past the student's parents or guardian, representation by counsel and a review procedure.

46. What is a recipient schoolhouse commune's responsibleness under Section 504 to provide information to parents and students well-nigh its evaluation and placement process?

Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' correct to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.

47. Is there a mediation requirement nether Section 504?

No.

TERMINOLOGY

The following terms may exist confusing and/or are oft used incorrectly in the elementary and secondary school context.

Equal access : equal opportunity of a qualified person with a inability to participate in or benefit from educational assistance, benefits, or services

Gratis appropriate public education (FAPE) : a term used in the simple and secondary school context; for purposes of Section 504, refers to the provision of regular or special pedagogy and related aids and services that are designed to see individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards

Placement : a term used in the elementary and secondary school context; refers to regular and/or special educational programme in which a pupil receives educational and/or related services

Reasonable adaptation : a term used in the employment context to refer to modifications or adjustments employers make to a chore awarding process, the piece of work surround, the manner or circumstances under which the position held or desired is customarily performed, or that enable a covered entity's employee with a disability to bask equal benefits and privileges of employment; this term is sometimes used incorrectly to refer to related aids and services in the elementary and secondary school context or to refer to academic adjustments, reasonable modifications, and auxiliary aids and services in the postsecondary school context

Reasonable modifications : under a regulatory provision implementing Title Ii of the ADA, public entities are required to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid bigotry on the ground of inability, unless the public entity tin demonstrate that making the modifications would fundamentally modify the nature of the service, program, or activity

Related services : a term used in the uncomplicated and secondary school context to refer to developmental, corrective, and other supportive services, including psychological, counseling and medical diagnostic services and transportation