Disabled Students at Non-Public Schools: IDEA, 504 Plans, and Required Accommodations Under the Minnesota Human Rights Act

Attorney Thomas Wieser provides advice to non-public schools about their obligations to provide accommodations to disabled students under IDEA, the ADA, Section 504, and the MHRA. With more than four decades practice experience, Tom has the right experience, skills, and knowledge to assist non-public schools throughout the State of Minnesota with the complex analysis involved in determining which laws apply to a student with a disability and what steps the school must take to address the disability.

IDEA

Public schools have a Child Find obligation to identify students with one or more of 13 disabilities listed in the Individuals with Disabilities Education Act (IDEA). That obligation extends to students enrolled in religious and non-public schools.

When an Individualized Education Program (IEP) is prepared by a public school to address the specialized services to be provided by the school to meet the needs of the disabled student, the school can determine where these specialized services will be provided. While it is permissible for those services to be provided at the religious or non-public school, in most instances the public school will only offer those services at a public school location.

Section 504

Section 504 of the Rehabilitation Act of 1973 defines a student with a disability as a person who: 1) has a physical or mental impairment which substantially limits one or more major life activities, 2) has a record of such an impairment, or 3) is regarded as having such an impairment. A student who meets any one of those requirements generally qualifies for a Section 504 plan. The obligation covers public schools. Non-public and religious schools that accept public funds (that condition is broadly construed) are required to make minor adjustments for a student with a disability.

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) requires entities to provide reasonable accommodation to students with physical or mental disabilities. However, the ADA contains an exemption for religious institutions, including religious schools. Therefore, the ADA does not apply to religious schools.

Minnesota Human Rights Act

The MHRA requires religious and non-public schools to “ensure physical and program access for disabled students.” Program access means making taped texts, interpreters, or other methods available for access to orally delivered materials and providing readers in libraries, adapted classroom equipment, and similar auxiliary aids or services. Program access does not include providing attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.