Pursuant to Section 504 of the Rehabilitation Act of 1973 and its implementing regulations ("Section 504"), no otherwise qualified individual with a disability shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The School Board does not discriminate in admission or access to, participation in, or treatment, or employment in, its programs or activities. As such, the Board's policies and practices will not discriminate against employees and students with disabilities, will provide equal opportunity for employment, and will make accessible to qualified individuals with disabilities its facilities, programs, and activities. No discrimination will be knowingly permitted against any individual with a disability on the sole basis of that disability in any of the programs, activities, policies, and/or practices in the District.

As used in this policy and the implementing administrative procedures, "an individual with a disability" means a person who has, had a record of, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities. Major life activities as defined by Section 504 are functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

Major life activities also include the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

An impairment that is episodic in nature or in remission is considered a disability if it would substantially limit a major life activity when active.

The determination of whether an impairment substantially interferes with a major life activity must be made without regard to the ameliorative effects of mitigating measures such as medication, medical supplies, equipment or appliances, low-vision devices (not including ordinary eyeglasses or contact lenses), prosthetics (including limbs and devices), hearing aids and cochlear implants or other implantable hearing devices, mobility devices, oxygen therapy equipment or supplies, assistive technology, reasonable accommodations or auxiliary aids or services, or learned behavior or adaptive neurological modifications.

Individual with a disability also includes an individual who:

Notwithstanding the preceding, for purposes of programs and activities, providing educational services, the District may take disciplinary action pertaining to the use or possession of illegal drugs or alcohol against any student who is an individual with a disability and who currently is engaging in the illegal use of drugs or in the use of alcohol to the same extent that such disciplinary action is taken against students who are not individuals with disabilities.

The Coordinator of Psychological Services is the District's Section 504 Compliance Officer/ADA Coordinator ("Compliance Officer") for students. The Director of Human Resources and the Assistant Superintendent for Human Resources & Employee Relations are the Section 504 Compliance Officer(s)/ADA Coordinator(s) ("Compliance Officer) for employees/applicants. The Compliance Officers are responsible for coordinating the District's efforts to comply with and fulfill its responsibilities under Section 504 and Title II of the Americans with Disabilities Act ("ADA"). A copy of the Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, including copies of their implementing regulations, may be obtained from the Compliance Officers. The Compliance Officers can be reached at:

The Compliance Officers will oversee the investigation of any complaints of discrimination based on disability, which may be filed pursuant to the grievance procedure as set for in AP 2260.01B, and will attempt to resolve the grievances.

The Compliance Officers will also oversee the training of employees in the District so that all employees understand their rights and responsibilities under Section 504 and the ADA, and are informed of the Board's policies, administrative procedures and practices with respect to fully implementing and complying with the requirements of Section 504/ADA.

Building principals shall serve as Building Section 504/ADA Compliance Officers ("Building Compliance Officers").

In accordance with Section 504/ADA, no qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any of the District's programs or activities.

With respect to employment, a qualified person with a disability means a disabled person who, with reasonable accommodation, can perform the essential functions of the job in question.

The Board will take positive steps to employ and advance in employment qualified individuals with disabilities. The Board will not limit, segregate or classify applicants or employees in any way that adversely affects their opportunities or status because of disability. Additionally, the Board will not participate in any contractual or other relationships that have the effect of subjecting qualified individuals with disabilities who are applicants or employees to discrimination on the basis of disability.

The Board will make reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the accommodation would impose an undue hardship on the operation of the District's program and/or activities.

This determination will be made by a District Compliance Officer after considering the resources of the District, the impact on the program, service, or activity, and the comparable efficacy of the various auxiliary aids and services. Before making this determination, the District Compliance Officer may consult with the Board Attorney. The District Compliance Officer will notify, in writing, the person requesting the auxiliary aids/services of his/her determination, including the reasons for his/her conclusion.

No qualified person with a disability will, because the District's facilities are inaccessible to or unusable by persons with disabilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity to which Section 504/ADA applies.

Administrators are responsible for verifying that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. Additionally, administrators are directed to verify that proper signage is present at all inaccessible entrances to their facilities, directing users to an accessible entrance or to a location at which they can obtain information about accessible facilities. The international symbol for accessibility should be used at each accessible entrance to a facility.

The District is committed to operating its programs and activities so that they are readily accessible to persons with disabilities. This includes, but is not limited to, providing accommodations to parents with disabilities who desire access to their child's educational program or meetings pertinent thereto. Programs and activities will be designed and scheduled so that the location and nature of the facility or area will not deny a student with a disability the opportunity to participate on the same basis as students without disabilities. The District will meet its obligation through such means as redesign of equipment, reassignment of classes or other services to accessible buildings, assignment of aides to beneficiaries, alteration of existing facilities and/or construction of new facilities, or any other method that results in making its programs and activities accessible to persons with disabilities. In choosing among available methods for meeting its obligations, the District will give priority to those methods that serve persons with disabilities in the most integrated setting appropriate.

The Board is committed to identifying, evaluating, and providing a free appropriate public education (FAPE) to students within its jurisdiction who are disabled within the definition of Section 504, regardless of the nature or severity of their disabilities.

Such education will be provided to these individuals with persons who are not disabled to the extent appropriate. Generally, the District will place a person with a disability in the regular educational environment unless it is demonstrated that the education of the person in the regular environment even with the use of supplementary aids and services cannot be achieved satisfactorily. If the District places a person in a setting other than the regular educational environment, it shall take into account the proximity of the alternate setting to the person's home.

The District will not discriminate against otherwise qualified students with disabilities (i.e., students who otherwise meet eligibility criteria – e.g., age - for participation in the educational program and/or activities) in the provision of its educational programs and activities. The District further will provide a free appropriate public education to qualified students with disabilities. Said education shall entail the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of students with disabilities as adequately as the need of nondisabled students are met. This includes providing academic and non-academic services to students with disabilities in the same setting as their nondisabled peers to the extent appropriate. In addition to its provision of educational services, the Board will not discriminate against otherwise qualified students with disabilities in its provision of non-educational programs, services and activities such as counseling, athletics, transportation, health services, recreational activities, special interest groups or clubs, referrals to other agencies, and employment, and will provide students with disabilities an equal opportunity to participate in such programs, services, and activities. Qualified students with disabilities will be afforded accommodations/modifications/interventions to the District's non-academic and extra-curricular programs and activities, unless such accommodations/modifications/interventions would alter the fundamental nature or purpose of the non-academic or extra-curricular program/activity.

With respect to public preschool, elementary and secondary educational services, a qualified person with a disability means a disabled person:

With respect to vocational education services, a qualified person with a disability means a disabled person who meets the academic and technical standards requisite to admission or participation in the vocational program or activity.

An appropriate education may include regular or special education and related aids and services to accommodate the unique needs of students with disabilities. For disabled students who are not eligible for specially designed instruction under IDEIA, the related aids and services (including accommodations/modifications/interventions) they need in order to have their needs met as adequately as the needs of nondisabled students are met, shall be delineated, along with their placement, in the Section 504 Plan (available on the District's website).

Referrals may be made by anyone (e.g., parents, teachers, or other knowledgeable professionals). Referrals shall be made on the Section 504 Referral Form and submitted to the Building Compliance Officer. Referrals may be made at any time.. Prior to completing the written referral, school staff are encouraged to contact appropriate staff members to seek input and/or guidance regarding the need for referral. Parents may request a referral form by contacting the Building Compliance Officer or the District Compliance Officer.

Generally, a staff member should refer a student for an evaluation under Section 504 if s/he suspects that the student not only has a mental or physical impairment but also suspects that an impairment substantially limits one or more major life activities.

If the District does not suspect that a student has a mental or physical impairment that substantially limits one or more major life activities and therefore determines not to evaluate, it will notify the parents/guardians of that decision through the issuance of a prior written notice and provide them with a copy of the Notice of Section 504/ADA Procedural Information and Rights.

Parents/Guardians/Custodians ("parents") are invited and encouraged to participate fully in the evaluation process.

Before any action is taken with respect to Section 504 accommodations for a student with a disability, an evaluation shall be conducted or assessment information reviewed to determine if the student is disabled under Section 504. Parents will be afforded the opportunity to participate and provide input into the evaluation process. The assessment information may include, but will not be limited to, medical reports that document a physical or mental impairment, aptitude and achievement test scores, teacher observations, and recommendations and other data including information on social or cultural background and adaptive behavior. The information obtained from all such sources shall be documented and carefully considered.

Reevaluations are not required at specific intervals; however, assessments will be updated so that eligibility and accommodation planning is based on information that accurately defines the student's disability and reflects the student's current strengths and needs. At least every three (3) years appropriate school staff should determine whether updated evaluations are needed. A re-evaluation will be completed prior to a significant change in placement. When a reevaluation is needed, parents will be sent a meeting invitation and a copy of the Notice of Section 504/ADA Procedural Information and Rights prior to conducting a re-evaluation. Consistent with initial evaluations, parents will be afforded the opportunity to meaningfully participate and provide input in the re-evaluation process.

If a student is identified as disabled pursuant to Section 504, and the Section 504 Committee determines the student requires specialized services and/or accommodations/modifications/interventions in order to receive FAPE and to access the District's programs and activities on an equal basis to students without disabilities, the Section 504 Committee will develop and complete the Section 504 Plan. The Plan will specify how the student will be provided FAPE. The Plan will specify the accommodations/modifications/interventions necessary so that the student's needs are met as adequately as the needs of nondisabled students. The purpose of the Section 504 Plan is to provide the student with equal access to school activities, to remove barriers to educational opportunity, and provide, to the degree possible, a level playing field. The Section 504 Plan should be signed by the members of the Section 504 Committee, including the parents. A copy of the Plan will be placed in the student's confidential folder and given to school personnel who work with the student. For initial Section 504 Plans, parental consent is required prior to implementation by the District. After parents consent to the initial Section 504 Plan, the District may implement subsequent Plans without written parental consent, but the parents must be provided with a copy of the Notice of Section 504/ADA Procedural Information and Rights that explains their right to challenge the District's actions. If the parents do not attend the meeting to review/revise a Section 504 Plan, the District will make reasonable efforts to obtain parental input prior to finalizing the Plan and a copy of the Plan must be sent to the student's parents.

The parents may challenge the actions of the Section 504 Committee regarding identification, evaluation or placement of their child by filing a request for a due process hearing. Alternatively, the parents may file an internal complaint. If the parents elect the former, the Board must provide a due process hearing before an impartial hearing officer to resolve the dispute. A parent does not need to first exhaust the internal complaint process in order to file a request for a due process hearing. The parents may also file a complaint with the Office for Civil Rights which is a separate process from both the due process hearing and internal complaint procedures. It should be noted that the OCR is not part of the District's appeal process and, absent extraordinary circumstances, will not review the result of individual placement and other educational decisions, so long as the District complied with the "process" requirements of Section 504 (concerning identification and location, evaluation, and due process procedures).

The District will provide non-academic extracurricular services and activities in such a manner as is necessary to afford qualified persons with disabilities an equal opportunity for participation in such services and activities. Nonacademic and extracurricular services and activities may include counseling services, physical recreational athletics, transportation, health services, recreational activities, special interests groups or clubs sponsored by the District, referrals to agencies that provide assistance to persons with disabilities, and employment of students. In providing or arranging for the provision of meals and recess periods, and nonacademic and extracurricular services and activities, including those listed above, the District will verify that persons with disabilities participate with persons without disabilities in such activities and services to the extent appropriate to the needs of the person with a disability in question.

Notice of the Board's policy on nondiscrimination in employment and education practices and the identity of the District's Section 504/ADA Compliance Officers will be posted throughout the District, and published in the District's recruitment statements or general information publications.

The Board will provide in-service training and consultation to staff on the education of persons with disabilities, as necessary and appropriate.

The Board will adopt a system of procedural safeguards that will provide for prompt and equitable resolution of complaints alleging violations of Section 504/ADA. Due process rights of students with disabilities and their parents under Section 504 will be enforced.

The Board will not discriminate against, coerce, intimidate, threaten, or interfere with any individual because the person opposed any act or practice made unlawful by Section 504 or the Americans with Disabilities Act ("ADA"), or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Section 504 or the ADA, or because that individual exercised, enjoyed, aided, or encouraged any other person in the exercise or enjoyment of any right granted or protected by Section 504 or the ADA.

29 C.F.R. Part 1630
34 C.F.R. Part 104
29 U.S.C. 794, Section 504 Rehabilitation Act of 1973, as amended, 
42 U.S.C. 12101 et seq., Americans with Disabilities Act of 1990

Adopted 1/18/11