These guidelines shall be used to ensure that the Board'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 available in the Superintendent's office.

That policy states:

The Board of Education does not discriminate on the basis of religion, race, color, national origin, sex, disability, military status, ancestry, 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.

When referred to in policy and in these and other administrative guidelines, "disabled person" shall mean any student who meets any of the following criteria established by Federal law, substantially limiting one (1) or more major life activities, or:

Although a student may not be eligible for special education, s/he may be eligible for adaptation of his/her educational program under Section 504.

The educational program of this District shall be equally accessible to all students at each grade level. All programs need to be designed and scheduled so the location or nature of the facility or area will not deny a disabled student the opportunity to participate on the same basis as a nondisabled student. This includes not only academic programs but all extracurricular programs, including athletics for which the student is otherwise qualified. (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. Dogs-in-training, however, must be covered by a liability insurance policy provided by the parents.

Each principal 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).

Any student whose current physical, mental, or psychological condition would qualify him/her as disabled under 504 but not by Special Education criteria should be referred to the Intervention Assistance Team and be evaluated and placed, if necessary, in accordance with the procedures described in Sub-part 104.35/36 of the Act. Confirmation that the proper placement process was followed should be sent to the Superintendent after each 504-disabled student has been placed in his/her least-restrictive environment. Such confirmation shall assure that the tests and other evaluation materials used with the student:

The Intervention Assistance Team shall also confirm that the placement decision was made by a group consisting of persons knowledgeable about the student, the meaning of the evaluation data, and the placement options.

However, if the parents and the District agree that special education is not necessary, a full educational evaluation is not required. In order to determine what types of adaptations may be needed, staff may rely on other types of evaluative information provided by parents and others who have detailed knowledge about the student.

The 504 Coordinator is to ensure that the evaluation and placement process be completed in a reasonably timely manner and in compliance with the procedural safeguards described in Form 2260 F6 - Section 504 Procedural Safeguards. It is essential that the parents be provided a copy of their rights under Section 504 as described in Form 2260 F1.

Because of the least-restrictive-environment requirements, the principal should review all of Sub-part D of Section 504 (104.31-38) and then work with the teacher(s) involved to make sure s/he (each):

Each student is to be evaluated periodically in accordance with the guidelines in Section 104.35 and in the same manner as used in the initial placement. No student's placement may be changed for any reason, including disciplinary actions, home instruction, move from a regular classroom to a resource room, graduation, etc., without conducting a re-evaluation using the same procedures as with the initial placement.

The disciplinary process described in Policy 5605 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 constitute a change in placement, the evaluation procedures in Section 104.35 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 and does not have to be provided with Federal due-process rights required when disciplining special education students.

All complaints should be handled in accordance with the procedure described in AG 2260B. The complainant is to be informed that s/he may contact the Office of Civil Rights at any time. (See Step 4 of the complaint procedures - AG 2260 B.)

Revised 2/95
Revised 3/96
Revised 4/03
Revised 4/7/08