Can a parent elect to have a student with a disability who is eligible under the IDEA identified as covered under Section 504 only?
No. Although a parent may wish to avoid having his/her child labeled as a special education recipient, the Office of Civil Rights (OCR) has stated in no uncertain terms that parents have no such flexibility. A rejection of the services offered under IDEA amounts to a rejection of services offered under Section 504. Conversely, it should be noted that a district has no flexibility to opt to provide services and accommodations under Section 504 when the student is IDEA eligible.
Related Questions
- A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?
- Can a parent elect to have a student with a disability who is eligible under the IDEA identified as covered under Section 504 only?
- Is every student with a disability who is eligible under the IDEA also covered under Section 504?
