The IEP or 504 team has the authority to recommend services beyond the five hours per week restriction for general education students.  If your child qualifies for special education or Section 504, the IEP or 504 team, which include parents/guardians/other education rights holders, will decide the number of hours of instruction and other educational services necessary to meet your child’s individual needs. It cannot be automatically assumed that five hours of instruction will meet their unique needs or be sufficient to include all the instructional and related services necessary for an appropriate education. Service recommendations for special education or 504-eligible students must be based on their unique educational needs. 

If your child qualifies for either special education or Section 504, your district must provide educational services based on these student and parent/guardian/other education rights holder rights:  

1. A student’s right to a free, appropriate public education (FAPE); 
2. A student’s right to an appropriate assessment before determining services; 
3. A student’s right to an education provided in the least restrictive environment (LRE); 
4. A parent’s/guardian’s/other education rights holder’s right to participate in the development of your child’s individual education program (IEP); 
5. A student and parent’s/guardian’s/other education rights holder’s right to due process and/or compliance complaint procedures to resolve disagreements about educational placement, services or accommodations or allegation of noncompliance with special education laws; and 
6. A parent’s/guardian’s/other education rights holder’s right to help determine and document your child’s educational goals, placement, services and accommodations based on your child’s individual needs.  See Chapter 1, Information on Basic Rights.