POLICY LETTER: October 2, 2003 to Daniel W. Morse, Esq.
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October 2, 2003 to Daniel W. Morse, Esq. (MS Word)MS WORD
October 2, 2003 to Daniel W. Morse, Esq. (PDF)PDF
October 2, 2003 to Daniel W. Morse, Esq. (MS Word)
Dated October 2, 2003Daniel W. Morse, Esq.Disability Law Center205 North 400 WestSalt Lake City, Utah 84103Dear Mr. Morse:This is in response to your letter requesting clarification from the Office of Special Education Programs (OSEP). You ask the following questions:Does Utah [State Board of Education Special Education] Rule III.I.10 (2001) violate Part B of the IDEA [Individuals With Disabilities Education Act] by allowing LEAs [local education agencies] to write services required under IDEA on a Section 504 plan instead of an IEP [individualized education program].More generally, can LEA compliance with Section 504 substitute for compliance with Part B of the IDEA? You ask these questions in the context of whether accommodations for a student with disabilities can be listed solely on a Section 504 plan and not on the child's IEP.The Part B regulations implementing the IDEA require that a State have on file with the Secretary policies and procedures approved by the Secretary that demonstrate that the State has in effect policies and procedures to ensure that it meets the conditions in 300.121-156 of the Part B regulations (300.110(a)). Given that Rule III.I.10 of Utah's State Board of Education Rules of June 2000 is a change to the policies and procedures Utah currently has on file with the Secretary, the Monitoring and State Improvement Planning Division (MSIP) of OSEP is currently reviewing the change in Utah's rule for consistency with Part B. In response to your questions, it is important to contrast the requirements of Section 504 and the IDEA that apply to elementary and secondary students with disabilities. Section 504 prohibits discrimination based on disability in programs or activities receiving federal finIf this office can be of further assistance do not hesitate to contact Sheila Freedman at (202) 205-9055 or Dale King at (202) 260-1156.Sincerely,/s/ Patricia J. Guard forStephanie Smith LeeDirectorOffice of Special Education Programscc:Karl Wilson, USOE Director of At Risk and Special Education ServicesBrenda Broadbent, USOE State and Federal Compliance OfficerPage PAGE 2 Daniel W. Morse, Esq.
TOPIC ADDRESSED: Individualized Education Programs |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
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Last modified on April 27, 2017