Section 504: Accommodations and After-School Programs

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Question: My 8-year-old son has been kicked out of an after-school program run by a non-profit agency in his elementary school building. He has ADD and some behavioral problems and is on an IEP during his school day. The director of the program said, “He has an innate oddness and intensity about him that frightens the other children.” Don’t they have to try to include him?

Answer: I’ve received quite a few questions similar to this one over the last few weeks, touching on the responsibilities of private programs to provide services to children with disabilities.

This is a good opportunity to talk about the rights students with disabilities enjoy under Section 504 of the Rehabilitation Act of 1973 (which applies to programs that are recipients of federal funds) and the Americans with Disabilities Act. (Text of the Americans with Disabilities Act)

Read more. Robert K. Crabtree, Esq. Wrightslaw. July 29, 2013.