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 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 all students with a mental or physical impairment which is defined as follows:

Students may qualify for accommodation under Section 504 who do not qualify for services under IDEA.

The District will identify, evaluate, and provide an appropriate education for students who qualify 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 student with a disability the opportunity to participate in the academic or other school program on the same basis as a nondisabled student.

Service animals 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 animal's certification for that purpose. If the animal is still in training, proof of liability insurance must be provided.

The educational program includes the academic and nonacademic setting. Each qualified student with a disability shall be educated with the nondisabled student to the maximum extent appropriate. In the nonacademic setting, the student with a disability shall participate with the nondisabled students to the maximum extent appropriate to the needs of the student with a disability.

If the parent or other referring person and the building principal have reason to believe that the student needs special accommodations or related services in order to be provided access to the District's programs, the building principal shall notify the parent. If the referring person and the building principal suspect that the student is eligible for services through IDEA, the procedures for identification, evaluation, and placement must be followed. If the IDEA evaluation team determines the child is ineligible under IDEA, the team shall determine the student's eligibility for special accommodations or related services under Section 504. If s/he is eligible, a student accommodation plan shall be developed.

If the referring person has no reason to believe that the student may qualify under IDEA, the student shall still be evaluated in accordance with the Section 504 evaluation procedures (AG 2260A).

Prior to evaluation, the building principal shall notify the parent and obtain written consent of the parent.

At the time of notification of the parent to obtain consent for the evaluation, the building principal shall provide the parent an explanation of the rights of the parent and the student under 504 (see Form 2260 F1).

The Section 504 evaluation is to be tailored to the suspected or known disability and how that disability impacts on the student's ability to function in the school setting. A full multi-factored evaluation may not be required, but the evaluation shall draw upon information from a variety of sources including those who have detailed knowledge about the student and his/her condition. Each person providing evaluative information shall assure that the information is documented.

The building principal shall schedule a meeting of the group of persons knowledgeable about the student which shall review the evaluation data and determine if the student has a disability within the meaning of Section 504 (see page 1).

The parents may be invited to attend the meeting.

Note:

If the team determines that the student qualifies under 504, it will determine what reasonable accommodation or related services the student may need and develop a 504 student-accommodation plan (see Form 2260 F3).

Parents are to be invited to participate in the development of the plan.

If the 504 team determines that the student does not qualify under 504, it shall document the decision, provide the basis of the decision, and state that the student may be served appropriately in the regular education setting without related services or special interventions. Following the 504 team meeting, the parent is to be notified of the team's decision.

The building principal 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.

Because of the least-restrictive environment requirements, the principal should review all of AG 2260A and then work with the teacher(s) involved to make sure s/he (each):

Within one (1) school year following implementation of a student accommodation plan, the student's 504 team is to review the student's progress and determine if further intervention or a modification in the plan is needed.

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 2260A must be followed.

If a principal 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.