The Superintendent establishes these administrative guidelines to assist in the proper implementation of Policy 2260.

That policy states:

The Board of Education does not discriminate on the basis of religion, race, color, national origin, sex, disability, military status, ancestry, age or genetic information in its programs, activities, or employment.

The District shall not discriminate against any student having a disability, a record of having a disability, or who is otherwise regarded as having a disability. The District shall also, as required by law, attempt to locate and identify each student within the District’s jurisdiction who may be an eligible student under Section 504. The District shall evaluate each student identified under Section 504 and provide each student with a FAPE as defined by law.

The following person(s) have been designated to handle inquiries regarding the non-discrimination policies of the District or to address any complaint of discrimination:

Notice of the Board's policy on nondiscrimination in educational practices shall be posted throughout the District, published in any District statement regarding the availability of educational services, and in all student handbooks.

Children who have been diagnosed as having a disability and who, through a multi-factored evaluation, qualify for categorical services under IDEIA will be served under the existing State Special Education regulations. Section 504 protects and safeguards all students with a mental or physical impairment that substantially limits one (1) or more major life activities, or:

The District will identify, evaluate, and provide an appropriate education for students who are disabled under Section 504.

A "free appropriate public education" is the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of students with a disability as adequately as the needs of non-disabled students are met and is based on adherence to procedures that satisfy Section 504 requirements pertaining to educational setting, evaluation, placement, and procedural safeguards.

An "individual with a disability" is a person who:

The Section 504 regulation does not provide an exhaustive list of specific diseases or conditions that may constitute a physical or mental impairment because of the difficulty of developing a comprehensive list of possible diseases and conditions.

A student who has a physical or mental impairment that substantially limits a major life activity is considered a student with a "disability" under Section 504. This determination is made on a case-by-case basis. Neither Section 504 nor its implementing regulations define the term "substantially limits" but the term is not necessarily synonymous with "unable to perform" or "significantly restricted" in a major life activity.

Except for ordinary eye glasses or contact lenses, the ameliorative effects of mitigating measures may not be considered when assessing whether a student has an impairment that substantially limits a major life activity. "Mitigating measures" include, but are not limited to: medication; medical supplies, equipment or appliances; low-vision devices (devices that magnify, enhance, or otherwise augment a visual image); prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services and learned behavioral or adaptive neurological modifications.

A temporary impairment does not constitute a disability for purposes of Section 504 unless it is of such severity that it results in a substantial limitation of one or more major life activities for an extended period of time. This determination is to be made on a case-by-case basis.

If a student has an impairment that is episodic or in remission, the District must consider whether the impairment, when active, would substantially limit a major life activity. If it would, then the student meets the definition of a student with a disability.

To be eligible under Section 504, a student’s physical or mental impairment must interfere with one or more "major life activities." A "major life activity" includes, but is not limited to functions such as:

This list is not exhaustive. An activity or function not found on the list may nonetheless be a major life activity. A student is protected from all forms of discrimination and is eligible under Section 504 if the student has an impairment that substantially limits one or more major life activities, including, but not limited to, learning.

Section 504 also protects students from discrimination who have a record of an impairment or who are regarded as impaired. A student is "regarded as" having an impairment if the District perceives the student as impaired. The District shall not treat students differently based upon a record that shows that the student was disabled in the past, or based upon an assumption or perception of disability. The District is not required to develop a Section 504 plan for a student who either has a record of an impairment or who is regarded as having an impairment, but who is not otherwise currently eligible under Section 504.

A student who is currently engaging in the illegal use of drugs is not eligible for services or protection under Section 504 when the District takes disciplinary action on the basis of such drug use even if the student is otherwise a student with a disability. A student who is a former drug user or who is participating in a drug rehabilitation program, however, may be eligible for Section 504 services and protection if the student otherwise meets the definition of an "individual with a disability" as described above.

The educational program of this District shall be accessible to all students. All programs need to be designed and scheduled so the location or nature of the facility or area will not deny an otherwise-qualified student the opportunity to participate in the academic or other school program on the same basis as a nondisabled student.

Guide dogs for students who require this type of assistance shall be permitted access to all facilities, programs, and events of the District. The student must provide evidence of the dog's certification for that purpose. If the dog is still in training, proof of liability insurance policy must be provided.

The educational program includes the academic and nonacademic setting. Each qualified, disabled student shall be educated with nondisabled students to the maximum extent appropriate. In the nonacademic setting, the disabled student shall participate with the nondisabled students to the maximum extent appropriate.

Each principal shall verify that the procedures used with students and parents for selection of and participation in any part of the District's academic, co-curricular, or extra-curricular program do not discriminate on the basis of race, color, national origin, gender, age, or disability (see AG 2411 - Guidance and Counseling).

Pre-referral assistance is an important first step in serving students experiencing difficulties in school. Teachers may vary instructional and behavioral methodologies and expectations, and, by so doing meet students’ educational and behavioral needs; and thereby strengthen the general education program and reduce unnecessary Section 504 and IDEA formal referrals.

Pre-referral assistance, including strategies such as response-to-intervention (RTI), is not intended to impede or be a substitute for necessary referrals for consideration of eligibility under the Individuals with Disabilities ACT (IDEA) or Section 504. If, at any time, a teacher, counselor, administrator, or other professional staff member has reason to believe that the student’s difficulties may be attributable to a disability, the student should be referred for an evaluation. If a parent/guardian at any time requests an evaluation, the District must either honor that request or notify the parent/guardian of his/her due process rights under IDEA, or Section 504, as applicable.

Section 504 guarantees certain rights to parents of students with disabilities. A Section 504 Notice of Procedural Safeguards has been developed for distribution to parents (see forms 2260.01A F2 and 2260.01A F3).

Referral (see Form 2260.01A F4)

Referrals shall be handled in accordance with AG 2260.01A. If the referring person suspects that the student is eligible for services through IDEIA, the procedures for identification, evaluation, and placement must be followed. If the IDEIA evaluation team determines the child is ineligible under IDEIA, the team may determine the student's eligibility for protection and a free appropriate public education (FAPE) under Section 504. If s/he is eligible, a Section 504 Plan shall be developed as appropriate.

If the referring person does not suspect an IDEIA disability or has knowledge that the student does not qualify under IDEA, the student shall be evaluated in accordance with the Section 504 evaluation procedures (AG 2260.01A).

Once the District has received parental consent to evaluate, the District may begin the evaluation process. If a parent refuses to consent to an initial evaluation, the District may, but is not required to, use due process hearing procedures to seek to override the parent’s refusal to consent to the evaluation. Additionally, if the parent refuses to consent to an evaluation that is necessary for a determination of eligibility, the 504 Team may determine that the student is not eligible under Section 504.

Prior to evaluation, the District Compliance Officer shall notify the parent and obtain written consent of the parent.

The Section 504 evaluation shall be handled in accordance with AG 2260.01A.

The eligibility determination must be made by a group of persons knowledgeable about the student, the meaning of evaluation data, and placement options and must be documented in writing. The parent of the student should be given a meaningful opportunity to provide input into identification, evaluation, and placement decisions for his/her child. Therefore, the parent should typically be included in this process.

If the team determines that the student is disabled under 504, it will determine whether the student requires a Section 504 Plan in order to receive a FAPE. If s/he does, the team will develop a Section 504 Plan (see Form 2260.01A F13).

If the 504 team determines that the student is not disabled under 504, it shall document the decision, provide the basis of the decision, and state that the student may be served appropriately in the regular education setting without related services or special interventions. The parents shall be provided with written notice of their rights under Section 504 (see Form 2260.01A F13 - Notice of Section 504/ADA Procedural Information and Rights).

A medical diagnosis of a physical or mental impairment does not, in and of itself, determine Section 504 eligibility. As mentioned previously, Section 504 requires the District to draw upon information from a variety of sources in making its eligibility determination (AG 2260 and AG 2260.01A). A medical diagnosis is only one source of information. Additionally, the District may request, but cannot require a parent to provide a medical statement or authorize the release of the student’s medical information as part of the evaluation process. If the District determines, based on the facts and circumstances of the individual case, that a medical assessment is necessary for an appropriate evaluation, the District must ensure that the child receives this assessment at no cost to the parents. If alternative assessment methods meet the evaluation criteria, those methods may be used in lieu of a medical assessment. If a parent refuses to consent to a medical assessment and alternate assessment methods are not available, the 504 Team must proceed to make an eligibility determination based on the information it has on hand.

Because of the least-restrictive environment requirements, the principal should review AG 2260.01A and AG 2260.01B and then work with the teacher(s) involved to make sure s/he (each):

Annually, the student's 504 team shall review the student's progress and determine if further intervention and/or modification in the plan is needed.

The disciplinary process described in Policy 5605 and AG 5605A should be used in all situations in which a 504-disabled student may be subject to suspension, expulsion, or exclusion. Since expulsion or cumulative forms of suspension may constitute a change in placement, the evaluation procedures in AG 2260A and AG 2260.01A must be followed.

If a student, disabled only under Section 504, is caught with drugs at school, s/he may be disciplined in accordance with AG 5610. The disciplinary procedures required for IDEIA students do not apply.

All complaints should be handled in accordance with the procedures described in AG 2260B and AG 2260.01B. The complainant shall be informed that s/he may contact the Office for Civil Rights at any time.

Revised 6/03
Revised 4/7/08
Revised 5/17/10
Revised 2/6/12