In other words, the proper forum for resolution of disputes involving the appropriateness of a Section 504 plan is the 504 due process hearing, as OCR primarily investigates procedural compliance with 504. Although rare, OCR analysis of substantive educational decisions does occur. For example, OCR generally does not rely on its own opinion to conclude that a student needs a certain kind or amount of educational services to meet the student s educational needs. Instead, it relies on factual findings that a school system s staff had knowledge of a student s unmet educational need and that the school system took no action to address the concern. Commission Report at 98.
Corrective action is to be taken where needed.
The district is then required to keep the self-evaluation document on file for a period of three years. OCR reminds us that the time to keep those documents on file had passed, and that it will not even investigate the allegation. Such a result defies logic. For example, once a student has become eligible under the IDEA, he and his parents receive substantial rights under federal law. The IEP is created which outlines his educational program and is designed to convey educational benefit.