The Office for Civil Rights has just issued guidance as to how Section 504 of the Rehabilitation Act of 1973 applies to the use of student discipline. Its focus is the balancing that schools must do when considering providing for a student’s disability-based behaviors on the one hand, and maintaining an appropriate and safe learning environment for all students on the other. Section 504 is a civil … [Read more...] about Walking The Tightrope: Student Discipline Under Section 504
Section 504
The Mask Mandate: The Rest of the Story
On August 31, 2021, Governor Wolf announced the Order of the Acting Secretary of the Pennsylvania Department of Health mandating face coverings within K-12 public and private schools and childcare facilities, effective September 7, 2021. But what happens when a student has a medical condition or disability that prevents them from using face coverings? The Order provides for eight “Exceptions to … [Read more...] about The Mask Mandate: The Rest of the Story
OSEP and OCR Release Guidance for Special Education During COVID
On September, 28, 2020, The Office of Special Education and Rehabilitative Services’ Office of Special Education Programs (OSEP) and the United State Department of Education Office for Civil Rights (OCR) each released Q & A documents addressing the implementation of special education services and accommodations under Section 504 during the ongoing COVID-19 environment. These documents do not … [Read more...] about OSEP and OCR Release Guidance for Special Education During COVID
Gifted, Section 504, and Other Considerations for Reopening Schools
School Boards and staff continue to monitor ever-changing guidance from state agencies regarding health, safety and educational concerns related to the impending start of school. KingSpry attorneys are in the trenches with our clients and are providing a summary of our suggestions in response to recent questions from school administrators. We attended your webinar that addressed special education … [Read more...] about Gifted, Section 504, and Other Considerations for Reopening Schools
Applying IDEA and Section 504 in the Time of COVID
Recently, PDE’s Bureau of Special Education (BSE) issued guidance which states, “LEAs should work to ensure that a student receiving special education services is continuing to be provided with FAPE, as appropriate and reasonable for each student’s circumstances. Educational and related services and supports may need to be adjusted accordingly.” Services to be provided to students identified as … [Read more...] about Applying IDEA and Section 504 in the Time of COVID
