Disabled students and accelerated programs

The Department of Education’s Office for Civil Rights (OCR) has issued a “Dear Colleague” letter warning that the practice of not allowing qualified students with disabilities to participate in Advanced Placement and International Baccalaureate classes or programs or requiring them to give up services to participate violates both Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act. The letter also states that conditioning participation on the forfeiture of necessary special education or related aids and services amounts to a denial of a free and appropriate education under both Part B of the Individuals with Disabilities Education Act (IDEA) and Section 504. Finally, the letter states that conditioning enrollment in an advanced class or program on the forfeiture of needed special education or related aids and services is inconsistent with the principle of individualized determinations, which is a key procedural aspect of IDEA, Section 504, and Title II.