Section 504 and private schools
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dlama ...@lwhs.org (Danielle)
Please Help!
I work at a private high school in San Francisco, California. Today a parent presented an excellent question.
Is section 504 honored in private independent high schools? If so, where can this information be located?
Sincerely, Looking for Answers
"SumBuny4Me" sumb...@TAKETHISOUThome.com
I believe it depends on the school-and whether or not they receive *any* federal funding-if they do, they would be held accountable for follow *all* federal guidelines for education (such as 504 and IDEA) or risk losing that funding...
--
Buny
----"Nobody realizes that some people expend tremendous energy merely to be normal." ~ Albert Camus
"AngeloBaseOne" AngeloBase...@juno.com
It has to be because 504 is part of the ADA and that is federal - no matter where you are. Here are some great 504 links. I hope this helps?
http://www.chtu.org/504.html http://www.sbac.edu/~wpops/department/guidance/accomplan.pdf Angelo ...
"Bob Moylan" rmoy...@home.com
AngeloBaseOne" wrote Section 504 is part of the Rehabilitation Act of 1973.
ADA (Americans with Disabilities Act) was enacted in 1990.
These are two separate pieces of legislation. Related but different.
"Kissin' Cousins"
"Michael Yared" mya...@erols.com
The ADA apply to any schools (public and private) regardless of whether they are the recipient of federal financial ***istance. Be careful. Private school's boards hire the most expensive lawyers who are good. Section 504 of the Rehabilitation Act apply to public school districts. The IDEA allow private schools to receive special educations ervices from the local public school systems - if they know how.
Mike Yared
mya ...@erols.com (Mike Yared)
Title III of the ADA listed as "one of the 12 entities, place of education, which includes a nursery; an elementary, secondary, undergraduate, or postgraduate private school; other place of education (42 USCS $12181(7)(J)". So that means, for example, should a private place of education offer sign language interpreters or not under the auxiliary aids and services (42 USCS $12102(1))? A public accommodation must take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services (42 USCS $12182(b)(2)(A)(iii). Regardless of whether the public school system is paying or not for placement or anything else.
However, "Applications of education laws to private schools: The ADA, and public accommodations regulations thereunder, listing a place of education as a place of public accommodation, do not require a private school to provide a free appropriate education or develop an individualized education program in accordance with regulations of the Department of Education (34 CFR Part 104) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 USCS $794), and regulations implementing the Individuals with Disabilities education Act (IDEA) (34 CFR Part 300). The receipt of federal ***istance by a private school, however, would trigger application of the Department of Educations regulations to the extent mandated by the particular type of ***istance received (Appx B to 28 CFR $36.104)." Have the National ***ociation of Private Schools for Exceptional Children, National ***ociation of State Administrators and Supervisors of Private Schools and the Council for American Private Education issued any guidance or policy about this topic?
Also for more information: Andry, Heidi Hoffecker. "Civil rights law -- right to a free appropriate public education under the IDEA--reimbursement for private school tuition", 62 Tennessee Law Review 313-30 (Winter 1995).
Huskey, Timothy. "Teaching the children 'appropriately': publicly financed private education under the IDEA", 60 Missouri Law Review 167-94 (Winter 1995).
Osborne, Allan. "Reimbursement for Unilateral Parental Placements in Unapproved Private Schools Under IDEA", 3 West's Education Law Quarterly 485-EOA (July 1, 1994).
Smith, Joseph and Kay Runyan. "How private secondary schools can meet their obligations to accommodate students with specific learning disability", 17 Western New England Law Review 77-107 (1995).
For information on private schools for children with disabilities, including the right to tuition reimbursement and related special education services, see a two article series in "Exceptional Parent Magazine", Sept. and Oct. 1996.
Mike Yared
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