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Linda Yoder Quoted in Special Education Connection Article entitled “Distinguish Between Placement, Location to Avoid OCR Investigation”

By Linda L. Yoder on July 12, 2010
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Changing the location in which educational services are provided will not necessarily amount to a significant change in placement.

It didn’t in Oneida (NY) City School District, 54 IDELR 173 (OCR 2009). Here, the district arranged for a student with cystic fibrosis to receive five hours of home instruction on a temporary basis. The parent asked the district to continue the services during the next school year. The district agreed but said it would provide the services only on the school campus.

The parent alleged that providing tutoring services at school rather than at home constituted a significant change in placement, requiring the district to convene a Section 504 meeting. OCR disagreed, noting that the district provided the same amount of services and used the same tutors, curriculum and teaching methods.

A clear explanation of the difference between placement and location may have prevented this parent from filing a complaint with OCR. As such, educate staff and parents about what may constitute a significant change in placement under Section 504.

To view the article in its entirety, please click here.

Source: SpecialEdConnection®. Copyright 2010 by LRP Publications, P.O. Box 24668, West Palm Beach, FL 33416-4668. All rights reserved. For more information on this or other products published by LRP Publications, please call 1-800-341-7874 or visit our website at www.specialedconnection.com.  

Photo of Linda L. Yoder Linda L. Yoder

Linda has more than 25 years of experience advising public and independent schools and colleges on education matters. Linda has worked with many school districts throughout the state on general education, litigation and special education matters. She currently focuses her practice in the…

Linda has more than 25 years of experience advising public and independent schools and colleges on education matters. Linda has worked with many school districts throughout the state on general education, litigation and special education matters. She currently focuses her practice in the areas of special education, investigations of discrimination claims including Title IX, sexual harassment or race discrimination, and representation of schools in administrative and court litigation matters involving such areas as First Amendment rights, student discipline, or contract disputes.

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  • Posted in:
    Employment & Labor
  • Blog:
    School Law
  • Organization:
    Shipman & Goodwin LLP
  • Article: View Original Source

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