No. A child with a disability has the right to receive the benefits of, and participate in programs, services and activities of a school district on an equal basis as their peers without disabilities. Moreover, a school district may not adopt or implement policies and practices that screen out a child with a disability from equal participation in its programs. A disability-based denial of an interdistrict transfer will violate this mandate.[1] See question 16.1 for a more detailed explanation of the legal prohibition on discrimination. If this violation happens to your child, you can file an OCR complaint against the school district. See the next question for when and how you can file an OCR complaint.
- 34 C.F.R. Sec. 104.4.[↩]