Could a child be protected by Section 504 and Title II but not be eligible to receive services under the IDEA?
A19. Yes. Some students with disabilities are protected by Section 504 and Title II, but are not eligible to receive services under the IDEA because they do not need special education. One example would be a child with juvenile rheumatoid arthritis who requires the periodic administration of medication during the school day, but who does not need any special education services. The child may have the right to FAPE under Section 504 and Title II, even though the child is not eligible for services under the IDEA. Under Section 504 and Title II, an individual with a disability is an individual who either has a physical or mental impairment that substantially limits one or more major life activities (such as learning), has a record of such an impairment, or is regarded as having such an impairment.
