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 Section 504 Policy Guidelines |
I. Policy Statement
It is the policy of the Board of Education to provide a free and appropriate public education to each qualified disabled student within its jurisdiction, regardless of the nature or severity of the disability. Consequently, it is the intent of the district to ensure that students who are disabled with in the definition of Section 504 are identified, evaluated and provided with appropriate educational services. The due process rights of disabled students and their parents under Section 504 will be enforced. Jody Hayes, Assistant Superintendent, is the Coordinator of Section 504 activities.
II. Overview of Section 504
Section 504 of the Rehabilitation Act of 1973 is major federal legislation that impacts entities that receive federal funding. It is civil rights legislation for persons with disabilities, which is designed to prevent any form of discrimination based on disability. Individuals with disabilities, who are otherwise qualified, are protected.
Section 504 states:
"No otherwise qualified person with a disability in the United States . . . shall, solely on the basis of disability, be denied access to, or the benefits of, or be subjected to discrimination under any program or activity provided by any institution receiving federal assistance"
Under Section 504, a person is considered "disabled" if that person
(1) has a physical or mental impairment which substantially limits one or more of such person's major life activities,
(2) has a record of such an impairment, or
(3) is regarded as having such an impairment The first part of the definition relates to the nature of the disability itself.
A "physical or mental impairment" is defined as:
(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The second part of the definition relates to the impact of the disability or condition on a "major life activity." The act defines a "major life activity" as: ". . . functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working."
III. Eligibility for Services
Section 504 applies to persons considered to have a disability as defined in the Act. As a result, the question of eligibility is a critical issue. When determining the eligibility of individuals for Section 504 protections and services, the following questions must be addressed:
1. Is there a physical or mental disability?
2. If so, does it impair a major life activity?
3. If so, is the degree of impairment substantial?
IV. Student Identification and Referral Procedures
A. Students who are in need or are believed to be in need of services under Section 504 may be referred for evaluation by a parent/guardian, teacher, or other certified school employee.
B. The District will consider the referral, and based upon a review of the student's records, including academic, social, testing, and behavioral records, determine whether an evaluation under this procedure is appropriate. Any student, who, because of a disability, needs or is believed to need special services will be referred for evaluation. If a request for evaluation is denied, the District will inform the parents or guardian of this decision and of their procedural rights.
V. Student Evaluation
A. The purpose of a student evaluation shall be to determine eligibility for accommodations as a disabled person under Section 504.
B. The Districts Section 504 evaluation procedures must ensure that:
1. Tests and other evaluation material have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer.
2. Tests and the evaluation materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient.
3. Tests are selected an administered so as best t ensure that, when a test is administered to a student with impaired sensory, manual or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual or speaking skills (except where those skills are the factors that the test purport to measure).
C. No final determination of whether the student is a disabled individual within the meaning of Section 504 will be made by the District without informing the parent or guardian of the student concerning such proposed determination. Procedural safeguards as defined under Section VIII will be given to the parents/guardians.
D. With regard to a student who is determined to be disabled under Section 504 of the rehabilitation Act of 1973, but who is not determined to be disabled under IDEA, the District shall periodically conduct a re-evaluation of the student:
1. Prior to any significant level change in placement, e.g., Elementary to Secondary School;
2. If the student's parent or teacher reasonably request a re-evaluation; or
3. More frequently if conditions warrant.
VI. Placement
For students who have been identified as disabled with the meaning of Section 504, the District shall determine what special general education accommodations are needed to ensure that the student receives a free, appropriate education.
A. In interpreting evaluation data and in making educational decisions, the district shall:
1. Draw upon information from a variety of sources including aptitude and achievement test, teacher recommendations, physical condition, social or cultural background, and adaptive behavior.
2. Ensure that all evaluation data is documented and carefully considered.
3. Ensure that decisions are made by a group of persons knowledgeable about the student, the meaning of the evaluation data, and the placement options.
4. Ensure that the student is educated with non-disabled students to the maximum extent appropriate to meet the student's individual needs.
B. If the District determines that the student is eligible for special education and related services under both the IDEA and Section 504 of the Rehabilitation Act of 1973, those services shall be delivered pursuant to an Individualized Education Program developed the IEPC procedures of the IDEA.
C. If the District determined that the student is disabled under Section 504 of the Rehabilitation Act of 1973, but does not also meet the definition of disabled under IDEA, the District will determine, through a Section 504 committee meeting, whether the student requires services or modifications to his/her regular education program to allow the student's educational needs to be met as adequately as the educational needs of non-disabled students. The services or modifications recommended should be listed in writing in a Section 504 Accommodation Plan but not in an IEP.
D. The District may also determine that no special education or Section 504 accommodations are appropriate. If so, the record of the District proceeding will state the basis for the decision.
VII. Procedural Safeguards
With respect to actions regarding the identification, evaluation, or educational placement of a person who, because of a disability, needs or is believed to need special instruction or related services, the following procedural safeguards shall be provided:
A. Notice (written or oral) of any decision regarding the identification, evaluation, or educational placement of the student.
B. An opportunity for the parents or guardian of the student to examine relevant educational records.
C. A formal grievance procedure. (See Grievance Procedure)