Providing reasonable accommodations is the better practice, compared to over-promising.
Once a 504 Committee determines that a student is disabled as that term is defined under Section 504, it must develop an education plan for the student that allows the student to make educational progress. If the student is qualified for services under IDEA, the school district need only provide and comply with an IEP, which will satisfy its obligations under Section 504. However, it is not enough to develop an adequate education plan for a student with disabilities. Public school districts must also ensure that they supervise the implementation of the plan – as well as IEPs. This white paper defines an appropriate education and reviews consequences for failing to provide an adequate placement.
James P. Evans
Barclay Damon LLP
- Partner with Barclay Damon, LLP
- More than 25 years’ experience representing educational institutions, including K-12 and post-secondary institutions, in all facets of education law
- Represents numerous educational institutions, including private schools, charter schools and public school districts concerning all facets of education law, including student privacy
- Advises not-for-profit corporations regarding compliance issues and matters pertaining to education rights
- Has obtained significant experience representing parents, students and educational institutions regarding all facets of education law, including federal and state law compliance
- Adjunct professor of education at Le Moyne College, where he has constructed and taught a master's level course in education law for school administrators over the past nine years
- Frequent speaker and lecturer regarding school law education law and related matters
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