These guidelines shall be used to ensure that the Board of Education's policy on nondiscrimination (Policy 2260) is implemented properly and in compliance with Federal and State laws and regulations, particularly Part 104 of Section 504 of the Rehabilitation Act of 1973 (34 C.F.R.). A copy of Part 104 is provided as AG 2260A.

That policy states:

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

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 IDEA will be served under the existing State Special Education regulations. Section 504 protects and safeguards all students with a mental or physical impairment which is defined as substantially limiting 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.

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 disabled student the opportunity to participate in the academic or other school program on the same basis as a nondisabled student. (See Form 2260 F7 - Assessment of Facilities for the Disabled.)

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 the nondisabled student to the maximum extent appropriate. In the nonacademic setting, the disabled student shall participate with the nondisabled students to the maximum extent appropriate to the needs of the disabled student.

Each supervisor shall ensure 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, sex, age, or disability. (See AG 2411 - Guidance and Counseling).

The disciplinary process described in Policy 2461 should be used in all situations in which a student with a 504 disability 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 2260 A must be followed.

If a supervisor suspects or has knowledge that drugs or alcohol may be creating a disabling condition for a student, s/he must arrange for an evaluation, with consent of the parents and at no cost to the student. If the evaluation verifies the existence of the disabling condition, the student shall be considered disabled under Section 504 and dealt with accordingly.

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 IDEA students do not apply.

All complaints should be handled in accordance with the procedure described in AG 2260B. Section 504 does not establish timelines for submission of a hearing request nor does it define "impartial hearing" or require that the selection of the hearing officer be mutually agreed-upon by the District and the parents. The impartial hearing officer should be someone who is not employed by or under contract to this District in any capacity.

Revised 4/03