The regulations implementing these laws require that students with disabilities receive benefits and services comparable to those given their nondisabled peers. The Section 504 regulations specifically require that a recipient of federal funds that operates a public elementary or secondary education program must provide a free appropriate public education to each qualified child with a disability residing in the recipient s jurisdiction in accordance with the Section 504 requirements regarding least restrictive setting, evaluation and placement, and procedural safeguards. FAPE under Section 504 means that the education provided to students with disabilities must meet those students needs as adequately as the needs of nondisabled students are met. In meeting the responsibilities to students with disabilities under Section 504 and Title II of the ADA, school systems must make accommodations and modifications to address the needs of students with disabilities. Making accommodations and modifications means changing the way things are usually done in order to take into account a child s disability- related needs.
Schools have the burden of demonstrating that any removal from regular education is appropriate.
Maximum Feasible Integration Using Standards as a Strategy for Reform Schools violate Section 504 and ADA regulations whenever students with disabilities are denied the benefits of education reform standards. Standards-based education reform aims to attain high quality educational outcomes by identifying desired learning outcomes for students, shaping curricula and instruction accordingly, and holding schools accountable for the results. If a state or school system adopts standards for general education, then students with disabilities have the right to an education based on these same standards. The goal of education reform is to make sure that students learn the curriculum which reflects education reform standards. Students with disabilities, like all other students, must be provided with courses and instruction that teach the curriculum.