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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

School district violated Section 504 and ADA after refusing to evaluate a student who (despite good grades) should have been suspected of having a disability

Miller County (GA) School District, 56 IDELR 53 (OCR 2010): The Office of Civil Rights (OCR) determined that a school district violated Section 504 of the Rehabilitation Act and Title II of the American with Disabilities Act (ADA) after it refused to evaluate a student, diagnosed with Tourette syndrome and obsessive compulsive disorder (who was achieving good grades).  OCR stated that a student’s good grades, may not, by itself, be a sufficient indication of whether or not a student is substantially limited as to the major life activity of learning.  A school district should also consider a student’s ability to interact with others, a student’s ability to control his or her behavior, a student’s school attendance, and a student’s ability to participate in the education program.

OCR concluded that the parent’s verbal request for the student to be evaluated put the school district on notice that the student was a person believed to need special education and related services.  Since eligibility decisions are to be made by a group of persons knowledgeable about the student, the special education coordinator should not have unilaterally denied the parent’s request for an evaluation.  The school district also failed to provide the parent with her procedural due process rights.

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This entry was posted on Monday, May 9th, 2011 at 2:33 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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