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(14.6) If my child is eligible for Section 504 or special education, who determines how much instruction and services are provided at home or in the hospital?

(14.6) If my child is eligible for Section 504 or special education, who determines how much instruction and services are provided at home or in the hospital?

The IEP or 504 team has the authority to recommend services beyond the five hours per week restriction for regular education students.  If your child qualifies for special education or Section 504, the IEP or 504 team, which include parents, 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 his 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 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 right to participate in the development of your child’s individual education program (IEP);
  5. A student and parent’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 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 and Responsibilities.