OCR Resolution: School Requiring Medical Documentation prior to 504 Eval

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http://www2.ed.gov/about/offices/list/ocr/docs/investigations/index.html#section504rev

Section 504 of the Rehabilitation Act of 1973/Title II of the Americans with Disabilities Act of 1990:
West Windsor-Plainsboro Regional School District (NJ); OCR Complaint No. 02-11-1098:

On August 25, 2011, OCR resolved a complaint against the West Windsor–Plainsboro Regional School District, New Jersey.  The complainant alleged that the District discriminated, on the basis of disability, by requiring parents to obtain and submit medical documentation supporting the existence of a disability at their own expense; and, to demonstrate that students were being discriminated against prior to an evaluation.  After investigation, OCR determined that District policy required parents to include two professional evaluations of the student with their request to have their child evaluated for services under Section 504.  OCR also determined that the District further required the parents to "[d]escribe the nature of the handicap and how the child's current academic program discriminates against the student."  OCR determined that both of these procedures violated the regulation implementing Section 504.  The District entered into a resolution agreement to address OCR's compliance concerns.  The agreement requires the District to revise its referral forms to exclude any requirement that a parent or guardian provide medical documentation or prove discrimination prior to the initiation of an evaluation.  The agreement also requires the District to reimburse all parents who paid out-of-pocket expenses for an evaluation as a result of the District's referral procedures during school years 2009-2010 and 2010-2011.  The agreement further requires the District to revise its parent and teacher referral procedures and provide training to staff regarding the new procedures.

[CMdeux]

Excellent!


As Gail always put it-- Cart after the horse.



EVALUATE first, don't ask "why do you think you need this?" and "what accommodations will you seek?" until eligibility has been established.

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