EC Eligibility and Section 504

  • Students who are found to be eligible for services under IDEA are considered protected from discrimination and equal access under Section 504 legislation. However, these students are served with an Individual Education Plan that encompasses the whole child and their education.

    OCR has held that it is not permitted for a student’s parent to refuse to accept IDEA services and require the school division to develop a Section 504 Plan instead. A rejection of the services offered under the IDEA amounts to a rejection of services offered under Section 504. (Letter to McKethan, 25 IDELR 295, OCR 1996)