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Anyone familiar with the 504???

Submitted by an LD OnLine user on

I am new to this board. I am wondering if private schools must adhere to a 504 or is it only public schools? My son is going to a private school next year and his guidance counselor from the public school this year wants me to fill out the 504 applications for next year. Our doc thinks that the private school won’t use the 504 and the private school administrator actually has never even heard of a 504….so am I wasting my time filling out paperwork for next year? I was thinking though since this is a government thing that ANY education provider must comply? Anyone know? THANKS!!
Jamie

Submitted by Anonymous on Thu, 05/15/2003 - 2:45 PM

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I am a parent of a 5th grade boy with ADD and LD. I also moved him last year to a private school. 504s are ONLY valid in the public school system. They mean nothing to a private school because it is only valid in a public school. Don’t bother with it. However, please do discuss all of your childs needs with this new school upfront. Make sure they know what your childs needs are in order to be educated properly. I have found my childs school to be very acccomidating and helpful. I hope you find the same!

Submitted by Anonymous on Fri, 05/16/2003 - 11:09 AM

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§ 104.39 Private education.

(a) A recipient that provides private elementary or secondary education may not, on the basis of handicap, exclude a qualified handicapped person if the person can, with minor adjustments, be provided an appropriate education, as defined in §104.33(b)(1), within that recipient’s program or activity.

(b) A recipient to which this section applies may not charge more for the provision of an appropriate education to handicapped persons than to nonhandicapped persons except to the extent that any additional charge is justified by a substantial increase in cost to the recipient.

(c) A recipient to which this section applies that provides special education shall do so in accordance with the provisions of §§ 104.35 and 104.36. Each recipient to which this section applies is subject to the provisions of §§ 104.34, 104.37, and 104.38.

* notice* it states recipient. A recipient is anyone who recieves any kind of federal assistance. Either by way of money,or by way of equipment purchased by another recipient or building ,staff,etc fee and reduced lunch. ADA would also be a law to read which would provide other rights for your child. IDEA even has some rights under parentally placed private school student sections.

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