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(14.26) Can the school district agree to provide my child with a person to perform needed health care services only during school hours, but not for after-school activities or while being transported?

(14.26) Can the school district agree to provide my child with a person to perform needed health care services only during school hours, but not for after-school activities or while being transported?

No.  For students with IEPs and those with 504 plans, Section 504 prohibits discrimination against students with disabilities.  Preventing students with disabilities from participating in extra-curricular and non-academic activities (such as counseling services, physical and recreational activities, transportation, special interest groups or school-sponsored clubs, during or after school) is a form of discrimination.  [34 C.F.R. Sec. 104.37.]  In addition, if a student’s IEP specifies any of these types of activities, the related services necessary to enable that student to participate, such as nursing services, must be provided in order to comply with the IEP.  [34 C.F.R. Sec. 300.107.]