If a recipient has made available, in conformance with the requirements of this section and §104.34, a free appropriate public education to a handicapped person and the person's parents...
Search Results "Public School"
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§104.33(c)(4) Placement of handicapped persons by parents
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25. Evaluation and placement
Because the failure to provide handicapped persons with an appropriate education is so frequently the result of misclassification or misplacement, §104.33(b)(1) makes compliance with...
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§104.35 Evaluation and placement.
[45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000]
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§104.35(a) Preplacement evaluation
A recipient that operates a public elementary or secondary education program or activity shall conduct an evaluation in accordance with the requirements of paragraph (b) of this section...
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§104.35(c) Placement procedures
(c) Placement procedures. In interpreting evaluation data and in making placement decisions, a recipient shall
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§104.35(d) Reevaluation
(d) Reevaluation. A recipient to which this section applies shall establish procedures, in accordance with paragraph (b) of this section, for periodic reevaluation of students who...
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§104.37(c) Physical education and athletics
(c) Physical education and athletics.
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§104.37(c)(1)
(1) In providing physical education courses and athletics and similar aid, benefits, or services to any of its students, a recipient to which this subpart applies may not...
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Q5: Should a school district revise its policies and procedures regarding the determination of coverage and provision of services under Section 504 and Title II?
The school district must also determine whether additional requirements are implicated under Section 504 or Title II....
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Title II Regulations
because they are public entities (e.g., school districts, State educational agencies, public institutions of vocational education, and public colleges and universities)....
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An Overview of a Free Appropriate Public Education
, to school personnel, the information needed for successful implementation....
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Student Evaluations and Placement Under Section 504
Under Section 504, school districts must conduct an evaluation in a timely manner of any student who needs or is believed to need special education or related services because of a disability...
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Physical Accessibility
facilities, including academic buildings, walkways, restrooms, athletic facilities, and parking spaces.107 The requirements public schools must meet to ensure programs and activities are...
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Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to...
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Q8: Does the Amendments Act affect a school district's obligation to provide a free appropriate public education as described in the Section 504 regulation?
The Amendments Act does not alter the school district's obligation to provide a free, appropriate public education (FAPE), as described in the Section 504 regulation; rather, it amends Section...
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Scenario 8 – Accessibility
Ayana recently enrolled in a school that does not have an elevator. The school was built in the early 1960s and, due to limited resources, the district has never altered the building....
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Additional Protections from Discrimination
Public school students with disabilities have the right to be free from discrimination based on disability; are entitled to an equal opportunity regardless of disability; and have the right...
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Q9: How can a school district meet its obligation, as described in the Section 504 regulation, to evaluate students to determine the need for special education or related services consistent with the Amendments Act?
A: Although school districts may no longer consider the ameliorative effects of mitigating measures when making a disability determination, mitigating measures remain relevant in evaluating...
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Grievance Procedures
School districts are required to establish grievance procedures for resolving complaints related to those cases where the complainants allege that employees, other students, or third parties...
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Section 504 Coordinators
School districts with 15 or more employees must designate an employee (sometimes referred to as a Section 504 Coordinator) to coordinate the district’s efforts to comply with Section 504.140...
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Notice of Non-Discrimination
School districts must provide notice identifying the district’s Section 504 coordinator and notifying participants, beneficiaries, applicants, and employees, that it does not discriminate...
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Retaliation
Section 504 prohibits retaliation.143 For example, once a student, parent, teacher, coach, or other individual complains formally or informally to a school about a potential civil rights...
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Scenario 11 – Retaliation
However, if the school did so for a legitimate reason (for example, because the parent was disrupting instruction or endangering students), then the school may not have violated Section...
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Q10: What should a school district do if it does not believe that a student needs special education or related services as described in the Section 504 regulation?
A school district should inform the student's parent or guardian of its decision and of the parent's or guardian's rights as set forth in 34 C.F.R. § 104.36....