Page 3 — Dear Educators and Parents
technical assistance centers. Additionally, parents, guardians and other caregivers may find their local parent training and information center here and reach out for direct assistance and referrals to other organizations, as well as gain skills to effectively participate in the education and development of their children.
| I. | Leveraging the IEP or Section 504 Processes to Ensure Protections are In Place to Protect In-Person Learning |
Although not identical in their scope, both IDEA and Section 504 rely on a team approach to decide the appropriate individualized education and services for a student with a disability, including school-related health services required to ensure the provision of FAPE to the student. Under IDEA, this group is called the individualized education program (IEP) Team and includes key individuals, including the general education teacher, special education teacher or provider, the child’s parent, and any other person that the parent or school determines may have knowledge or special expertise about the child; under Section 504, the team has no formal name, but is usually referred to as a Section 504 team.[1]
IDEA requires schools to address the school-related health needs of eligible students with disabilities who are at increased risk of severe illness from SARS-CoV-2. State or local laws, rules, regulations, or policies that have the effect of improperly limiting the ability of the IEP Team to address the school-related health needs of a student with a disability, or the ability of the placement team to appropriately place a student with a disability who has school-related health needs in the LRE, violate IDEA.[2] The same is true under Section 504.[3]
Likewise, the group of knowledgeable individuals making placement decisions under IDEA[4] or Section 504 is responsible for proposing an appropriate educational placement in the LRE that meets the student’s school-related health needs. Such individuals may include a person who knows about the health needs of the student, including whether COVID-19 prevention and risk prevention strategies may be needed. The team could include individuals such as school health service staff, school nurses, and the student’s healthcare professional(s), as appropriate, if they may have knowledge or special expertise regarding the student. Because eligible students with disabilities who need school-related health services are entitled to them as part of FAPE, teams should consider school-related health or medical information for students with disabilities who receive services under IDEA or are eligible for Section 504 services.
As with eligible students with disabilities who have severe food allergies, health plans may be included as part of the student’s IEP or Section 504 Plan[5] to ensure that the health and safety of the student in the school environment is properly addressed, with appropriate privacy protections in place. For example, for some students with disabilities, the provision of FAPE in the LRE may
- ↑ 34 C.F.R. § 300.321; 34 C.F.R. § 104.35(c).
- ↑ See Questions C-7 through C-11 of the Department’s Return to School Roadmap: Development and Implementation of Individualized Education Programs (Sept. 30, 2021).
- ↑ See Brief for the United States as Amicus Curiae, Disability Rights South Carolina v. McMaster (4th Cir. Nov. 30, 2021).
- ↑ 34 C.F.R. § 300.116
- ↑ Though not explicitly required by the Department’s Section 504 regulations, school districts often document the elements of an individual student’s FAPE under Section 504 in a document, typically referred to as a Section 504 Plan. In general, a Section 504 Plan describes the regular or special education and related aids and services a student needs and the appropriate setting in which to receive those services.
