*Rehabilitation*
* Americans with Disabilities*

Reproduction and ordering information

**U.S. Department of Education**    Arne Duncan*Secretary*

**Office for Civil Rights**

Russlynn Ali*Assistant Secretary*

Revised August 2010.

| Section 504 of *the          Rehabilitation Act* Prohibits        Discrimination on the Basis        of Disability in Programs        or Activities That Receive      Federal Financial Assistance |  | Title II of the *Americans        with Disabilities Act* Prohibits        Discrimination on the Basis        of Disability by State and      Local Governments |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--|----------------------------------------------------------------------------------------------------------------------------------------------------------------|

August 2010

### **U.S. Department of EducationOffice for Civil RightsWashington, D.C. 20202**

**Student Placement**

The Office for Civil Rights (OCR) in the U.S. Department of   Education (ED) enforces Section 504 of the *Rehabilitation Act   of 1973* (Section 504) in programs and activities that receive   assistance from ED. OCR also enforces Title II of the *Americans   with Disabilities*Act of 1990 (Title II), which is applicable to state   and local governments.

Section 504 requires that: 

> No otherwise qualified individual with a disability   in the United States ... shall, solely by reason   of her or his disability, be excluded from the   participation in, be denied the benefits of, or be   subjected to discrimination under any program oractivity receiving Federal financial assistance ...1

Section 504 and Title II prohibit the discriminatory assignment   of students with disabilities to segregated classes or facilities.   These   laws apply to elementary and secondary as well as postsecondary schools. In   elementary and secondary schools,   students with disabilities may be assigned to separate facilities   or courses of special education only when this placement is   necessary to provide equal educational opportunity to them.   Any separate   facilities, and the services provided in separate   facilities, must be comparable to other facilities and services.

To determine what the educational needs of a student  with disabilities may be, schools must carry out preliminary   evaluation and placement procedures. Specific elements that must be considered are discussed below.

**Evaluation and Placement Procedures**

Before placing students with disabilities in any educational  program, schools must evaluate carefully each student’s skills and  special needs. Federal requirements provide standards for proper  evaluations and placement procedures.

The tests and evaluation materials that are used must be chosen to  assess specific areas of the student’s needs. For example, a student  may not be assigned to special education classes only on the basis  of intelligence tests. When a student with impaired sensory, manual,  or speaking skills is evaluated, the test results must accurately  reflect what the test is supposed to measure and not the student’s  impaired skills except where those skills are what is being measured.  Only trained people may administer the tests or evaluation  materials.

Placement decisions must be made by a team that includes people  who know about the student and understand the meaning of the  evaluation information. The placement team must consider a variety  of documented information for each student. The information  must come from several sources, including the results of aptitude  and achievement tests, teacher recommendations, reports on the  student’s physical condition, social or cultural background, and  adaptive behavior.

The placement team must also be aware of different options for  placing the student so that the student is placed appropriately. Seesection “Educational Setting,” below.

**Educational Setting**

The law requires that students with disabilities be educated along   with nondisabled students to the maximum extent appropriate to   the needs of the students with disabilities. This means that students   with disabilities must be assigned to regular courses or classes if   the students’ needs can be met there. Also, decisions on academic placement must be based on an individual student’s needs.

Students with disabilities may be placed in a separate class   or facility only if they cannot be educated satisfactorily in the   regular educational setting with the use of supplementary   aids and services. For example, students who are blind may be   assisted by readers or may use Braille equipment or specially   equipped computer equipment and remain in the regular   classrooms. However, students with severe learning disabilities   may be assigned to special education classes for part of the day.

Schools that do not offer the special educational programs or   facilities that may be required by a student with disabilities may   refer that student to another school or educational institution.   However, the student’s home district remains responsible   for providing the student a free and appropriate education.   Transportation must be provided at no greater cost than would be incurred if the student were placed in the home district.

**Reevaluations**

The performance and skill levels of students with disabilities   frequently vary, and students, accordingly, must be allowed to   change from assigned classes and programs. However, a school   may not make a significant change in a student with disabilities   placement without a reevaluation. Schools must conduct periodic reevaluations of all students with disabilities.

**Individualized Education Program**

The *Individuals with Disabilities Education Act (IDEA)* requires  schools to develop, according to specific standards, an  individualized education program (IEP) for each eligible student  with disabilities. An IEP that meets the requirements of the IDEA  also fulfills the requirements of Section 504 and Title II for anappropriate education for a student with disabilities.

**Procedural Safeguards**

Schools must establish procedures that allow the parents or  guardians of students in elementary and secondary schools to  challenge evaluations, placement procedures, and decisions.  The law requires that parents or guardians be notified of any  evaluation or placement action, and that they be allowed to  examine their child’s records.

If they disagree with the school’s decisions, parents or guardians  must be allowed to have an impartial hearing, with the  opportunity to participate in the discussions. A review procedure  must be made available to parents or guardians who disagreewith the hearing decision.

**Nonacademic Services and Activities**

Students may not be excluded on the basis of disability from   participating in extracurricular activities and nonacademic   services. These may include counseling services, physical   education and recreational athletics, transportation, health   services, recreational activities, special interest groups or   clubs sponsored by the school, referrals to agencies that   provide assistance to students with disabilities, and student   employment.

Discrimination in counseling practices is prohibited. Counselors   must not advise qualified students with disabilities to make   educational choices that lead to more restrictive career   objectives than would be suggested for nondisabled students   with similar interests and abilities.

For more information on student placement under Section   504 and Title II, and on discriminatory practices in student   assignment on the basis of disability, see the list of offices that   contains the address and telephone number for the OCR office   that serves your area at http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm or call 1-800-421-3481.

**Endnotes**

1Under  Section 504 and Title II, a person with a disability is a person who  has a physical or mental impairment that substantially limits a major life  activity; or has a record of such an impairment; or is regarded as having  such an impairment. See 34 C.F.R. § 104.3(j) (2008); 28 C.F.R. § 35.104 (2007).  The *Americans with Disabilities*Act*Amendments*Act*(Amendments*Act*)*, P.L.  110-325, amended the ADA and Section 7 of the *Rehabilitation*Act of  1973, which contains the disability definition for Section 504. The *Amendments* Act became effective on Jan. 1, 2009. The Amendments Act affected the  meaning of the term “disability” in the ADA and Section 504, most notably by  requiring that “disability” under these statutes be interpreted broadly. More  information about the Amendments Act is available from OCR’s website at http://www.ed.gov/policy/rights/guid/ocr/disability.html and http://www.ed.gov/ocr/504faq.html.

> 
This publication is in the public domain. Authorization    to reproduce it in whole or in part is granted. The publication’s citation should be: U.S.    Department of Education, Office for Civil Rights, *Student Placement in    Elementary and Secondary Schools*and Section 504 of the*Rehabilitation*Act and*Title II*of    the*Americans with Disabilities* Act, Washington,    D.C., 2010.

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