Upper Arlington City School District
Administrative Guidelines
 

2260 - NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY

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.).

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:

Name and/or Title: Assistant Superintendent

Address: 1950 N Mallway, Upper Arlington, OH 43221

Telephone No.: 614-487-5000

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:

 A.the student has a record of such an impairment.

 B.the student is regarded as having such an impairment.

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

FACILITIES

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.

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.

PROGRAM

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 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, gender, age, or disability.

Section 504 of the Rehabilitation Act of 1973 is a federal law which prohibits discrimination against persons with a handicap in any program receiving Federal financial assistance. The Act defines a person with a handicap as anyone who:

 A.has a mental or physical impairment which substantially limits one or more major life activities (major life activities include activities such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working)

 B.has a record of such an impairment

 C.is regarded as having such an impairment

In order to fulfill its obligation under Section 504, the District recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a handicap will knowingly be permitted in any of the programs and practices in the school system. Grievances concerning any violation of this policy should be submitted in writing to the District’s Compliance Officer. The Compliance Officer shall conduct any necessary investigation. The Superintendent shall provide a prompt and equitable resolution of the complaint.

With respect to students, the District has specific responsibilities under the Act, which are detailed in the Procedural Safeguards Notice to parents/guardians with children who are disabled as defined under Section 504. The procedural safeguards notice reads as follows:

 

Upper Arlington City School District

 

Section 504 of the Rehabilitation Act of 1973

 

Procedural Safeguards Notice

The following is a description of the rights and options granted by Federal law to students with disabilities under Section 504 of the Rehabilitation Act and their parents/guardians. Should you have any questions, please contact the Section 504 Coordinator. Parents/guardians with children who are disabled as defined under Section 504 have the right to:

 A.Have the District advise you of your rights and options under Federal law.

 B.Receive notice with respect to identification, evaluation, or placement of your child.

 C.Have your child receive a free appropriate public education. This includes the right to have your child educated with students without disabilities to the maximum extent appropriate to the needs of your child. It also includes the right to have the District provide regular or special education and related aids and service that are designed to meet the needs of your child as adequately as the needs of nondisabled students are met.

 D.Have evaluation, educational, and placement decisions made based upon a variety of information sources, and by persons who know the student, evaluation data, and placement options.

 E.Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the District.

 F.Have your child given an equal opportunity to participate in non-academic and extracurricular activities offered by the District.

 G.Examine all relevant records relating to decisions regarding your child’s identification, evaluation, education program, and placement.

 H.A response from the District to reasonable requests for explanations and interpretations of your child’s records.

 I.Request amendment of your child’s education records if there is a reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the District refused this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing. This hearing will be according to the Family Educational Rights and Privacy Act (FERPA) and should not be confused with an impartial due process hearing.

 J.Request mediation, an impartial due process hearing or review (appeal) related to decisions or actions regarding your child’s identification, evaluation, educational program, or placement. You and the student may take part in the hearing and have counsel represent you.