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(14.12) Because of absences or learning problems associated with his condition or treatment, the district says my child should be enrolled in basic general education courses and that it has no duty to provide accommodations in his honors or advanced placement (AP) classes. Is this true?

(14.12) Because of absences or learning problems associated with his condition or treatment, the district says my child should be enrolled in basic general education courses and that it has no duty to provide accommodations in his honors or advanced placement (AP) classes. Is this true?

No.  The school district must provide special education or Section 504 services based on your child’s unique needs including health and academic needs.  If your child is attending honors or AP classes, the school district must provide appropriate educational supports and accommodation for your child to be educated in the least restrictive environment.  See Chapter 7, Information on Least Restrictive Environment.  If there is a disagreement over appropriate accommodations, supports or placement in honors or AP classes, you can file for due process.  See Chapter 6, Information on Due Process/Compliance Procedures

In addition, Section 504 protects both special education students and those on 504 plans from discrimination in programs that receive federal financial assistance.  These include honors and AP classes.  Discrimination is prohibited in any aid, benefit, or service provided by the public school.  [34 C.F.R. Sec. 104.4(b)(1).]  For a given activity, the district must provide related aids and services to meet the needs of the student with a disability as adequately as the needs of students without disabilities.  [34 C.F.R. Sec. 104.33(b)(1).] 

While a district cannot refuse services or accommodations to students in honors or AP classes under Section 504, taking an AP or honors classes may mean that the student is ineligible for special education.