| Perry Local School District |
| Bylaws & Policies |
1510 - RIGHTS OF HANDICAPPED PERSONS
It is the policy of the Board of Education that no otherwise qualified person shall, solely be 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 sponsored by this Board.
As used in this policy and any implementing regulations, "disabled person" means a person who has, or had, or is regarded or was regarded as having, a physical or mental impairment that substantially limits one or more a person's major life activities and includes specific learning disabilities.
Notice of the Board's policy on nondiscrimination in employment and education practices shall be given in the Board policy manual, posted throughout the District, and published in any district statement regarding the availability of employment positions or special education services.
Employment
No employee or candidate for employment shall be discriminated against in recruitment, employment, promotion, training, or transfer solely because of his/her disabling condition.
No candidate for employment shall be required to answer a question regarding a disabling condition and no such candidate will be discriminated against on the basis of a disabling condition and no such candidate will be discriminated against on the basis of a disabling condition that is not directly related to the essential function of the position for which s/he has applied.
Reasonable modifications in scheduling and the allocation of duties, not directly affecting the instructional program, shall be made to accommodate employment conditions to the needs of disabled persons.
Facilities
The educational program of this District shall be equally accessible to all students at each grade level. Barrier-free access to school facilities shall be provided to the extent that no disabled person is denied an opportunity to participate in a District program available to nondisabled persons.
Program
The Board directs that all reasonable efforts be made to identify unserved disabled students of this District eligible for special education and/or related services in accordance with Policy 2463. A free appropriate public education shall be provided for each child determined to be in need of special education and/or related services. Such a program of special education shall be provided in the least restrictive environment and in barrier-free facilities comparable to those provided for nondisabled students. To the maximum extent appropriate to the student's disability, a disabled student shall be placed in an educational setting with nondisabled or less severely handicapped students.
No student will be denied, because of his/her disability, participation in co-curricular, intramural, or interscholastic activities or any of the services offered or recognitions rendered regularly to the students of this District.
The due process rights of disabled students and their parents will be rigorously enforced.
Enforcement
The assistant superintendent is designated as Section 504 compliance officer. A complaint regarding a violation of law and this policy in an employment decision shall be subject to a grievance procedure that provides for the prompt and equitable resolution of disputes. The grievance procedure shall follow these steps:
| A. | The grievant will file a written complaint, stating the specific facts of his/her grievance and the alleged discriminatory act, with the Section 504 compliance officer. | |
| B. | The compliance officer shall make all reasonable efforts to resolve the matter informally at the administrative level most immediate to the complaint. | |
| C. | In the event the complaint cannot be resolved informally, the compliance officer will convene an informal hearing, no later than ten (10) working days after the filing of the complaint, at which both the grievant and the administrator responsible for the disputed action may present testimony and documents relevant to the complaint. Witnesses may be called and cross-examined. Detailed minutes of the hearing will be made and kept; a copy of the minutes will be made available to each party. Within ten (10) working days of the hearing, the compliance officer will provide a written copy of his/her determination to both parties. | |
| D. | The grievant may appeal the determination of the compliance officer to the Board of Education within ten (10) working days of the receipt of the compliance officer's determination. The appeal shall be in writing and attached to copies of the original complaint, the minutes of the hearing, and the written determination of the compliance officer. The Board may, in its discretion, convene a hearing at which the parties may present additional testimony and argument. | |
| E. | Within ten (10) working days of the filing of appeal, the Board shall provide both parties with a written decision. |
Employees of this District shall be informed that a complaint may be filed without reprisal by the Board or any of its employees or agents. The grievant shall be notified of his/her rights of appeal at each step of grievants shall be made. A grievant shall be informed of 504 with or without recourse to the grievance procedure established by this policy.
A complaint regarding the identification, evaluation, classification, or educational program of an educationally disabled student shall be governed by the due process rules and by the conflict resolution process established by Board Policy No. 2463.
Evaluation and Compliance
The Board of Education directs the Superintendent to evaluate District programs and practices on nondiscrimination, in accordance with law, and to report evaluations to the Board. The Board will submit such assurances of compliances as are required by law.
29 U.S.C. 794 (Sec. 504, Rehabilitation Act of 1973)
45 C.F.R. Part 84
20 U.S.C. 1401 et seq. (P.L. 94-142)