The special education and/or related aids and services provided to students under Section 504 FAPE is another example....
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Additional Protections from Discrimination
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Other Definitions
The Department will consider whether, in the future, to propose changes to part 37 to parallel the new DOJ definitions. Meanwhile, the existing DOT definitions continue in effect....
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Relationship to Other Laws
The Department of Justice regulation implementing title III, 28 CFR 36.103, provides the following: (a) Rule of interpretation....
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Q14: Does the Amendments Act affect the situation in which a parent or guardian believes that his or her child has a disability and is not receiving special education or related services as described in the Section 504 regulation?
The evaluation would determine whether the child has a disability, and, if so, whether the child needs special education or related services....
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Department of Justice method
Department of Justice method In the tips and techniques section of "Survey Tools and Techniques," (www.usdoj.gov/crt/ada/ckstools.htm) the checklist states that slopes can be measured...
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2.6 Be Willing to File a Complaint
If the barrier you want the center to remove is covered under the ADA, you have the option of filing a formal, legal complaint with the United States Department of Justice. ...
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11. Must a student be eligible under the IDEA in order to be provided auxiliary aids and services needed to ensure effective communication under Title II? (In other words, must a student with a disability have an IEP to access effective auxiliary aids and services?)
Title II does not require IDEA eligibility....
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Relationship to Other Laws
The Department of Justice regulation implementing title II, 28 CFR 35.103, provides the following: (a) Rule of interpretation....
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§104.21 Discrimination prohibited.
No qualified handicapped person shall, because a recipient's facilities are inaccessible to or unusable by handicapped persons, be denied the benefits of, be excluded from...
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§104.42 Admissions and recruitment.
[See subsections ...]
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§104.33(c)(2) Transportation
(2) Transportation. If a recipient places a handicapped person or refers such person for aid, benefits, or services not operated or provided by the recipient as its means of carrying...
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§104.44(a) Academic requirements
(a) Academic requirements. A recipient to which this subpart applies shall make such modifications to its academic requirements as are necessary to ensure that such requirements do...
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12141(5) Public school transportation
(5) Public school transportation The term "public school transportation" means transportation by school bus vehicles of schoolchildren, personnel, and equipment to and from a...
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§104.33(c)(4) Placement of handicapped persons by parents
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...
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Section 504 of the Rehabilitation Act (Section 504)
and related aids and services designed to meet their individual educational needs as adequately as the needs of nondisabled students are met.13 OCR enforces Section 504 and its regulations...
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V. PROVIDING TECHNICAL ASSISTANCE
Below, we describe some of the individual components of the Department's Technical Assistance program....
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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 discriminate on...
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§35.190(b)(7)
(7) Department of Labor: all programs, services, and regulatory activities relating to labor and the work force....
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1.1 Balance of System (BOS) Equipment
of System (BOS) Equipment - The BOS equipment, along with the area or enclosure housing it, qualifies for the machinery space and path of travel exceptions as long as the installation does...
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Title II and the IDEA
OCR does not enforce the IDEA; however, OCR does enforce the Section 504 and Title II rights of IDEA-eligible students with disabilities....
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§35.190(b)(5)
(5) Department of Interior: all programs, services, and regulatory activities relating to lands and natural resources, including parks and recreation, water and waste management, environmental...
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Scenario 2 – Suspected Disability & Involvement of Knowledgeable People
(that is, people who are knowledgeable about the student, the meaning of the evaluation data and about the placement options), must together determine placement, including the special education...
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§104.37(c)(2)
(2) A recipient may offer to handicapped students physical education and athletic activities that are separate or different from those offered to nonhandicapped students only if separation...
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§104.33(d) Compliance
A recipient may not exclude any qualified handicapped person from a public elementary or secondary education after the effective date of this part....