To date, the Department of Education's Office of Civil Rights and and OSEP have not provided much guidance on how to handle the situation whereby parents have revoked consent for special education but are seeking accommodations through a Section 504 Plan. Under IDEA, when a parent revokes consent for special education the student no longer has a safety net when it comes to disciplinary procedures. A question then comes into play when they ask for the same disciplinary protections under Section 504. Since this is an unresolved legal issue, the School District of Oconee County will consider 504 eligibility on a case-by-case basis. It is expected that in most situations the 504 Plan would look very similar to the IDEA accommodations the parents declined.
Friday, January 29, 2010
Revocation of Consent for Special Education and Section 504
To date, the Department of Education's Office of Civil Rights and and OSEP have not provided much guidance on how to handle the situation whereby parents have revoked consent for special education but are seeking accommodations through a Section 504 Plan. Under IDEA, when a parent revokes consent for special education the student no longer has a safety net when it comes to disciplinary procedures. A question then comes into play when they ask for the same disciplinary protections under Section 504. Since this is an unresolved legal issue, the School District of Oconee County will consider 504 eligibility on a case-by-case basis. It is expected that in most situations the 504 Plan would look very similar to the IDEA accommodations the parents declined.
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