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Post by dhfl143 on Jun 15, 2010 13:53:08 GMT -5
Anyone know of the specific regs that specifies that a school cannot stop a student from participation based upon his/her disability? I know it is there, but I am coming up blank on my searches for it. Any help would be appreciated.
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Post by tebald on Jun 15, 2010 14:04:36 GMT -5
I thought that was an OCR reg? Let me see if I can find it. I know there is a letter out their from OSEP about this.
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Post by Mayleng on Jun 15, 2010 14:10:49 GMT -5
Courtesy of dihicks: Di says: It's under Section 504. Go to section Subpart D, Section 104.6: www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html#S37104.36 Procedural safeguards. A recipient that operates a public elementary or secondary education program or activity shall establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special instruction or related services, a system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impartial hearing with opportunity for participation by the person's parents or guardian and representation by counsel, and a review procedure. Compliance with the procedural safeguards of section 615 of the Education of the Handicapped Act is one means of meeting this requirement. 104.37 Nonacademic services. (a) General. (1) A recipient to which this subpart applies shall provide non‑academic and extracurricular services and activities in such manner as is necessary to afford handicapped students an equal opportunity for participation in such services and activities.
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Post by tebald on Jun 15, 2010 14:28:52 GMT -5
boy your quick Mayleng and Di lol. I'm still reading OSEP letters lol
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Post by jw on Jun 15, 2010 16:23:00 GMT -5
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Post by dhfl143 on Jun 15, 2010 21:05:22 GMT -5
Thanks!
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