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IDEA is a grant statute and attaches many specific conditions to the receipt of Federal IDEA funds.
Section 504 and the ADA are antidiscrimination laws and do not provide any type of funding. How does OCR get involved in disability issues within a school district?
The Title II regulations applicable to free appropriate public education issues do not provide greater protection than applicable Section 504 regulations. Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U. The Office of Special Education and Rehabilitative Services (OSERS), also a component of the U. Department of Education, administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special education programs.
Each state educational agency is responsible for administering IDEA within the state and distributing the funds for special education programs.
If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C. (There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs). Are current users of alcohol excluded from protection under Section 504? Section 504's definition of a student with a disability does not exclude users of alcohol.
The Amendments Act does not require ED to amend its Section 504 regulations. shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.At the postsecondary educational level, a qualified student with a disability is a student with a disability who meets the academic and technical standards requisite for admission or participation in the institution's educational program or activity. Does the nature of services to which a student is entitled under Section 504 differ by educational level? Public elementary and secondary recipients are required to provide a free appropriate public education to qualified students with disabilities.Such an education consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.Congress also provided a non-exhaustive list of examples of “major bodily functions” that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.The Section 504 regulatory provision, though not as 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 Section 504 regulatory provision can nonetheless be a major life activity. Does the meaning of the phrase "qualified student with a disability" differ on the basis of a student's educational level, i.e., elementary and secondary versus postsecondary? 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 elementary and secondary educational services; of an age at which it is mandatory under state law to provide elementary and secondary educational services to students with disabilities; or a student to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (IDEA).
Additionally, regulations and publicly issued policy guidance is available on OCR’s website, at What services are available for students with disabilities under Section 504?