Can students who are eligible under Section 504, but not IDEA, be served in special education classrooms?
As a matter of law, no; in practice, maybe. Section 504 does not explicitly condition entitlement to special education on IDEA eligibility. Regulatory and judicial guidance concerning the provision of special education under Section 504 is scant. There are no authoritative decisions reviewing whether a particular student was entitled to special education services under Section 504.
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 students who are eligible under Section 504, but not IDEA, be served in special education classrooms?
- What kind of students are served by teachers with an early childhood special education license?
