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Ed Dept: Schools can prioritize reopenings for students with disabilities

September 29, 2020

In explaining why schools cannot phase-in in-person learning options based on a student’s “race, color or national origin,” OCR said such preferences would violate Title VI of the Civil Rights Act of 1964. However, schools may be required under Section 504 of the Rehabilitation Act of 1973 to provide in-person services to certain students with disabilities so those students can receive a “free appropriate public education.”

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