OCR Compliance Review: Referral for 504 Eval if IHCP

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http://www2.ed.gov/about/offices/list/ocr/docs/investigations/04105002.html


Section 504: Access to FAPE
Title VI: Different Treatment
Memphis City School District(TN) (04-10-5002)

The Memphis City School District submitted an agreement to resolve a compliance review that OCR initiated that focused on whether the District was discriminating on the basis of disability by not appropriately evaluating students with food allergies, diabetes, asthma and other health impairments with Individual Health Care Plans (IHCPs), and on whether the District was discriminating against students on the basis of race by denying them the opportunity to receive related aids and services.

Prior to the conclusion of the investigation, the district entered into a voluntary resolution agreement with the district. Under the terms of the agreement the district will contact the parents or guardians of all students to inform them of the district's obligation to evaluate students who, because of disability, need or are believed to need special education or related services. If a student currently has an IHCP, the district will provide parents or guardians with information regarding the student's possible rights to evaluation, placement, and procedural safeguards. An IHCP for a student who has a qualifying disability is insufficient if it does not incorporate these rights. Additionally, written communication will be provided to all parents during fall 2012 registration explaining the district's obligation to evaluate students with health related concerns, including students with IHCPs. In both notifications, parents or guardians are encouraged to address inquiries to their school counselor. Further, the district will revise and implement policies and procedures to ensure appropriate and prompt identification, evaluation, and placement of students with disabilities, including students with health related concerns such as food allergies, asthma and diabetes and other physical or mental conditions which may impact major life activities. Finally, the district will provide mandatory training to all district personnel involved in the referral, identification, evaluation, and placement of students with disabilities under Section 504 and Title II.

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An IHCP for a student who has a qualifying disability is insufficient if it does not incorporate these rights.

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... are those-- angels?