Jan 9, 2008
Apparently, some schools or school districts have refused to allow qualified students with disabilities the opportunity to participate in challenging academic programs such as Advanced Placement or Baccalaureate classes or other accelerated programs. Moreover, some schools and school districts have required that students with disabilities give up their specialized services in order to participate in these accelerated programs. Thus, on December 26, 2007 the Office for Civil Rights (OCR) issued a Dear Colleague letter advising educators that these actions violate Section 504 and Title II of the Americans with Disabilities Act and if reported will be investigated by OCR.
Both Section 504 and Title II of the ADA protect qualified students with disabilities from discrimination based on disability. Schools, therefore, may not use criteria or administer programs in a manner that has the effect of discriminating against students with disabilities. To be sure, schools are not required to admit students, including students with disabilities, to accelerated programs who do not meet the criteria for acceptance into the program. But if a student with a disability meets the criteria, denying admission based on disability violates 504 and the ADA.
The OCR letter also makes the point that participation by a student with a disability in an accelerated program would generally be considered part of regular education or regular classes under Section 504 or the Individuals with Disabilities Education Act (IDEA). Thus, if a student needed related aids and services to participate in the regular accelerated program, the school cannot deny the student those services. For example, if the student needed Braille materials, extended time on tests, or the use of assistive technology, like a computer in order to take notes, the support services must be provided.
Finally, the OCR letter clarifies that if a student needs special education or related aids and services, schools may not require students to give up those services in order to participate in the accelerated program. Both Section 504 and the IDEA require an individualized determination of a student’s educational needs. That determination may result in a decision that the student requires related aids and services in order to participate in the accelerated program. Schools may not ignore the student’s individual needs and automatically deny the student the needed services in an accelerated class or program.
