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 Board of Education 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 guidelines, "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 include, but are not limited to, functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, concentrating, thinking, reading, communicating, and working. To be considered a "disability," the impairment that substantially limits one major life activity need not limit other major life activities. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. As used in this policy, "substantially limits" is to be determined without regard to ameliorative effects of mitigating measures such as medication, except that the ameliorative effects of ordinary eye glasses or contacts shall be considered.

With respect to employment, a qualified person with a disability means a disabled person who, with or without reasonable accommodation, can perform the essential functions of the job in question.

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.

The Assistant Superintendent for Human Resources is the District’s Section 504/ADA Coordinator. The coordinator is 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 coordinator. The coordinator 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 guidelines and practices with respect to fully implementing and complying with the requirements of Section 504/ADA.

The Assistant Superintendent for Human Resources is the District’s Section 504/ADA Compliance Officer who will oversee the investigation of any complaints of discrimination based on disability, which may be filed pursuant to the Board’s adopted grievance procedure, and will attempt to resolve the grievances.

The Compliance Officer can be reached at:

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. Further, 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.

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.

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. The Board recognizes and acknowledges that students may be disabled and eligible for services under Section 504 even though they do not qualify for or require special education and/or related services pursuant to the Individuals with Disabilities Education Act (IDEA). Students eligible for services under the IDEA will be provided services in accordance with that Act.

If a student has a physical or mental impairment that substantially limits a major life activity such as his/her learning, but does not require specially designed instruction to benefit educationally, the student will be eligible for a free appropriate public education consistent with the requirements of 34 C.F.R. Part 104, provided pursuant to a Section 504 Accommodation Plan (Form 2260.01 F13).

If a student has a physical or mental impairment, but it does not substantially limit a major life activity, such as his/her learning, the student will not be entitled to a Section 504 Accommodation Plan, but s/he may still be eligible for a "Regular Education Intervention Plan" (Form 2260.01A F14).

Parents/guardian/custodian ("parents") are invited and encouraged to participate fully in the evaluation process. If the parents disagree with the determination made by the District’s professional staff, they may request a hearing with an impartial hearing officer.

The Board is committed to educating (or providing for the education of) each qualified person with a disability who resides within the District with persons who are not disabled to the maximum extent appropriate to the needs of the person with disabilities. 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 with 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 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 interest 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 to the maximum 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 Officer will be posted throughout the District, and published in the District’s recruitment statements or general information publications.

The Board directs the Superintendent to prepare administrative guidelines for facilitating the prompt, fair and appropriate identification, referral, evaluation and placement of students with disabilities who qualify for accommodations under Section 504.

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.

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

Revised 1/8/09
Revised 8/29/11
Revised 9/6/11