Services to Eligible Students
Free Appropriate Public Education (FAPE)
Public elementary and secondary education programs must provide a free appropriate public education (FAPE) to each qualified person with a disability, regardless of the nature or severity of the person’s disability (34 CFR 104.33).
For purposes of Section 504, the provision of an appropriate education can be the provision of general or special education or related services designed to meet individual educational needs of persons with disabilities as adequately as the needs of persons without disabilities are met and meet requirements related to the academic setting, established standards and procedures for evaluation and placement, and established procedural safeguards (34 CFR 104.33). Thus, there are some students with disabilities who do not need special education services but may be in need of accommodations and/or related services in the general education environment.
Least Restrictive Environment (LRE)
Districts must educate students with disabilities in the general education environment to the maximum extent appropriate to the needs of the students. A school or district may only remove a student with disabilities from the general education environment if it can be demonstrated that the education of the individual in the general education environment without the use of supplementary aids and services cannot be achieved satisfactorily (34 CFR 104.34). For a student who does not need exceptional education services, it is generally assumed that accommodations will be provided in the general education environment pursuant to the accommodation plan.
Nonacademic Services
A district must ensure nondiscrimination in the provision of opportunities for students with disabilities to participate in nonacademic activities. Districts must provide equal opportunity in areas such as counseling, physical recreational athletics, transportation, health services, recreational activities, special interest groups or clubs, referrals to other agencies, and employment (34 CFR 104.37).
Schools or districts may not counsel students with disabilities toward more restrictive career objectives [34 CFR 104.37(b)]. A school district that offers physical education courses or sponsors or operates interscholastic, club, or intramural athletics shall provide an equal opportunity to participate to qualified students with disabilities. A school district may offer students with disabilities physical education and athletic activities that are separate or different from those offered students without disabilities only if the separation or differentiation is consistent with the requirements of 34 CFR 104.34 and only if no qualified student with a disability is denied the opportunity to compete or participate [34 CFR 104.37(c)].
Nonpublic School Placement by Parent
If the district has made available to a student a free appropriate public education that conforms to the requirements of Section 504, but the parent chooses to place the child elsewhere, the district is not responsible for any costs incurred by the parent in placing the student elsewhere [34 CFR 104.33(c)(4)].
A student with a recognized disability who is only eligible under Section 504, is not eligible for the McKay Scholarship Program for Students with Disabilities. In order to participate in this scholarship program, the student must meet the eligibility criteria described at section 1002.39, F.S.
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MYTH: When we have offered an accommodation plan to the student but the parent decides to place the student in a private school, we must provide accommodations in the private school.
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What do you think? Was the student denied FAPE as a result of the school's actions? (Click an answer below.)
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Although a high school student had a Section 504 plan, his teachers did not know what specific services or accommodations they were required to provide, and the required weekly progress reports and behavior management requirements were inconsistent or nonexistent. Additionally, the student was removed from his English class, and during his in- and out-of-school suspensions he did not receive any instruction.
The student did receive a free appropriate education; consequently the district fulfilled its legal obligation.
The district was in violation of Section 504, but provided the student FAPE.
The district denied the student FAPE.Next: Click to proceed to Module 4 — Procedural Safeguards.