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Instruction |
6171.2-AR |
EQUAL EDUCATIONAL
OPPORTUNITIES FOR STUDENTS
A.
Purpose and Scope
To specify procedures for ensuring that all students who are disabled
within the definition of Section 504 of the Rehabilitation Act of 1973 are
identified, evaluated, and provided with appropriate educational services.
Students may be handicapped under Section 504 and thereby require reasonable
accommodations in order to receive an appropriate education even though they do
not require services pursuant to the Individuals with Disabilities Act (IDEA).
B.
General
1.
An individual with a handicap, within the definition
of Section 504, is any individual who has a physical or mental impairment which
substantially limits one or more of such person's major life activities, has a
record of such impairment, or is regarded as having such an impairment [29
U.S.C. Sec. 706(8)].
2.
Physical or mental impairment is (a) any
physiological disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory; including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hermic and lymphatic;
skin; and endrocrine; or (b) any mental or psychological disorder, such as
mental retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities (34 Code of Federal Regulations Part 104.3).
3.
Major life activities are functions such as caring
for one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working (34 Code of Federal Regulations Part 104.3).
4.
A record of such impairment means the student has a
history of, or has been classified as having, a mental or physical impairment
that substantially limits one or more major life activities (34 Code of Federal
Regulations Part 104.3).
5.
A student is "regarded as having an
impairment" when he/she (a) has a physical or mental impairment that does
not substantially limit major life activities but is treated by a recipient as
constituting such a limitation; (b) has a physical or mental impairment that
substantially limits major life activities only as a result of the attitudes of
others toward such impairments, or (c) has none of the impairments defined but
is treated by a recipient as having such an impairment (34 Code of Federal
Regulations Part 104.3).
6.
Parents shall be notified in writing of all
district decisions concerning the identification, evaluation, or educational
placement of students made under this policy.
7.
The Director of Pupil Services shall be the
coordinator of Section 504 activities.
C.
Forms and Additional References
1.
Request for Services Under Section 504 (exhibit A)
2.
Individualized Health Plan, Referral Checklist
(exhibit B)
3.
Consent for Assessment (exhibit C)
4.
Section 504 Evaluation Report (exhibit D)
5.
Accommodation Plan (exhibit E)
6.
Parent Rights form (exhibit F)
7.
SST Meeting Summary (exhibit G)
D.
Procedures
1.
Child Find Activities
a.
Each school shall take steps to identify and locate
qualified disabled students who are not receiving an appropriate education.
b.
This requirement may be satisfied through faculty
awareness, screening procedures, and other activities used by the school to
locate students suspected of being disabled.
2.
School Referral Process
a.
Any student who, because of a disability, needs or
is believed to need accommodations or services not available through existing
programs in order to receive a free appropriate public education may be
referred by a parent, teacher or other certificated school employee to the
school site student study team (SST) for identification and evaluation of the
student's individual education needs. A Request for Services Under Section 504
(exhibit A) shall be completed by the person making the referral.
b.
Each school site shall have an individual
designated as responsible for the review and consideration of referrals made
for student assistance, and for the monitoring and review of existing 504
accomodation plans.
c.
The student study team shall be composed of persons
knowledgeable about the student's individual needs, the student's school
history, the meaning of evaluation data, and accommodation options.
d.
The student study team shall consider the referral
and make a determination as to whether additional evaluation is required before
a decision is made regarding eligibility under Section 504 and the need for
reasonable accomodations within the school setting. Students requiring further
evaluation (i.e. consideration for eligibility as a child with disabilities
under IDEA) will be referred to appropriate evaluation staff. The team will
consider the following information:
1)
School records, including academic, social, and
behavioral interventions.
2)
Evaluation of current strategies being implemented.
e.
If the student study team denies a parent request for
evaluation, the parent/guardian shall be informed of their procedural rights as
described in section 5.
3.
Evaluation Procedures
a.
The student study team will evaluate the nature of
the student's handicap and the impact of the handicap upon the student's education.
This evaluation will include consideration of any behaviors that interfere with
the regular participation of a student who otherwise meets the criteria (such
as age) for participation in the educational program and/or activities. No
evaluation of the student shall be conducted without the written consent of the
parent/guardian of the student (exhibit C).
b.
The evaluation must draw upon information from a
variety of sources which may include, but not be limited to, school records,
aptitude and achievement tests, teacher recommendations, physical condition,
social or cultural background, and behavior observation.
c.
All evaluation procedures shall comply with the
requirements set forth in 34 C.F.R. Section 104.35 (a) and (b).
d.
No final determination of whether the student will
or will not be identified as a disabled individual within the meaning of
Section 504 will be made by the SST without first inviting the parent/guardian
of the student to participate in a meeting concerning such determination.
e.
If the student is determined to be eligible for
special education pursuant to California Education Code and IDEA criteria, an
Individualized Educational Planning Team (IEP) meeting will be convened. All
procedures pertaining to IEP meeting described in the Northeast Orange County
Local Plan Local Plan and Procedural Handbook shall be followed.
4.
Plan for Accommodation
a.
If the student is determined to be disabled under
Section 504, the student study team shall be responsible for determining what
special services and/or accommodations are needed to ensure that the student
receives a free, appropriate education.
b.
The parent/guardian shall be invited to participate
in the SST meetings where services for the student will be determined and shall
be given an opportunity to examine, in advance, all relevant records.
c.
The SST shall develop a written plan (exhibit E)
describing the disability and the special services and accommodations needed.
The plan will specify how the regular or special services and accommodations
will be provided, and by whom. In developing the accommodation plan the student
study team shall consider all available relevant information, drawing upon a
variety of sources, which may include, but not be limited to comprehensive
assessments conducted by the district's professional staff (34 C.F.R. Section
104.35(b) and (c)).
d.
A copy of the plan shall be maintained in the
student's legal file. The student's teacher, aide, and other school employees
who provide service to the student shall be informed of the reasonable
accommodations necessary for the student, to the extent that any of these
individuals need to be informed in order to provide for the student in the
school setting.
e.
If the team determines that no special services or
accommodations are necessary, a record of the SST proceeding will reflect the
identification of the students as disabled and state the basis for the decision
that no special services are presently needed. The parents shall be asked to
sign the SST Meeting Summary (exhibit G).
f.
The SST will monitor the progress of the disabled
student and the effectiveness of the plan annually to determine whether special
services and accommodations are appropriate and necessary and to assure that
the plan is being properly implemented.
5.
Placement in Least Restrictive Environment
a.
In all cases, a disabled student shall be placed in
the regular educational environment of the district, with the use of the
supplementary aids and services unless the district demonstrates that such
placement cannot be achieved satisfactorily. Disabled students shall be
educated with those who are not handicapped to the maximum extent appropriate
to the individual needs of the student.
b.
The parents or guardian shall be notified of the
Section 504 procedural safeguards, including the right to appeal the
determination of the student study team (exhibit F).
c.
Prior to any significant change in the disabled
student's placement, a reevaluation of the student's needs will be conducted.
6.
Procedural Safeguards
a.
The parents or guardian shall be notified in
writing of all district decisions concerning the identification, evaluation,
and accommodations made for a student under this policy.
b.
The parents or guardian shall be notified that they
may examine all student records maintained by the district.
c.
With respect to actions taken regarding the
identification, evaluation, and accommodation for students under this policy,
parents or guardian shall be notified of the right to an impartial hearing with
opportunity for participation by the parents or their counsel. In the
notification of any district decision concerning identification, evaluation, or
accommodations in the school placement, the parents or guardian will be advised
that:
1)
A request for a Section 504 Hearing must be filed
within the semester in which the action being appealed occurred.
2)
The request must be made in writing and shall
include: the specific nature of the decision made by the school or district of
which the appellant disagrees; the specific relief the appellant is seeking
through the appeal procedures; and any other information the appellant believes
will assist in understanding the appeal.
3)
The title of the person with whom they shall make
any such request and his/her address and phone number.
4)
The procedures the district will utilize to conduct
the hearing.
5)
The fact that reimbursement for attorney's fees is
available only as authorized by law.
d.
The hearing will be conducted in accordance with
the Procedural Safeguards pursuant to Section 504 of the Rehabilitation Act.
e.
The decision of the impartial hearing officer may
be appealed only to a court of competent jurisdiction. The parties shall abide
by the decision of the Section 504 Hearing Officer unless appealed and the
decision is stayed by the court.
f.
The district shall designate a hearing officer
qualified and willing to conduct 504 hearings and will provide a statement of
the hearing officers qualifications.
g.
Each hearing officer shall not be employed by or
under contract with the district in any capacity other than that of a hearing
officer in the last three years, or by any cooperative program in which the
district participates, or by any other agency or organization that is directly
involved in the diagnosis, education, or care of the student. The school
district is responsible for paying the hearing officer and for all costs of the
hearing.
h.
If parents, students, or any adult on behalf of
students feel discrimination has occurred based upon physical or mental
disability but is not directly related to identification, evaluation, and/or
accommodations for a student, they may file a discrimination complaint with the
Office of Civil Rights, U.S. Department of Education.
E.
Reports Required
1.
Section 504 Evaluation Report
2.
Student Study Team Meeting Summary
F.
Record Retention and Destruction
All records related to the identification, evaluation, and accommodation
plan of a student shall be subject to requirements of confidentiality and
student record procedures.
G.
Responsible Administrative Unit
Director of Pupil Services
H.
Approved By:
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Responsible Division Head |
Date |
Superintendent |
Date |