Under Section 504 of the Rehabilitation Act of 1973
It is the intent of the District to ensure that 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 disabled under this policy even though they are not eligible for services pursuant to the Individuals with Disabilities Education (IDEA).
Section 504 of the Rehabilitation Act of 1973 is a civil rights law which protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance from the U.S. Department of Education. A child is a "qualified disabled person" under Section 504 if the child (1) has a physical or mental impairment that substantially limits one or more major life activities (such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working), has a record of such an impairment, or is regarded as having such an impairment; and (2) is between the ages of 3 to 21 years old.
The District shall comply with the federal policies that require free appropriate public education, childfind, equal educational opportunity, confidentiality of information, parent involvement, participation in least restrictive environment, evaluations, placement, reevaluation, programming to meet individual needs, placement procedures, nonacademic services, preschool and adult education programs, disciplinary exclusion, transportation, procedural requirements, appropriate funding, accessibility, special issues related to drug or alcohol addicted students, special considerations for students having AIDS or HIV infection, and special issues related to ADD/ADHD students.
If the District proposes to terminate or significantly change a qualified disabled student's placement by excluding the student from bus transportation for inappropriate bus behavior, the District shall first determine the relationship between the student's behavior and their disabling condition, the appropriateness of the related service of transportation, and the need for reevaluation. The parent or guardian shall be provided with notice of the results of such determinations and of their right to challenge such determinations.
The District recognizes that the regular education funding of the District is the funding source for serving students who are qualified as disabled under Section 504 only. However, if students are dual identified as Section 504 and IDEA eligible, state and federal special education funds can be used. The District shall not use money appropriated by the IDEA to serve students found disabled under Section 504 but not the IDEA. The District may use the IDEA money to evaluate a student if the District believes that the student may also be eligible under the IDEA.
The District shall utilize the publication "A Parent & Educator Guide to Free Appropriate Education under Section 504 of the Rehabilitation Act of 1973" as a resource and procedural guideline for parents and staff.
Cross References:
Board Policy 3210 Nondiscrimination
"A Parent & Educator Guide to Free Appropriate Education under Section 504 of the Rehabilitation Act of 1973" Revised July 2010
Legal References:
45 CFR Part 99 Family Education and Privacy Act
PL 101-336 Section 512 Americans With Disabilities Act of 1990
Adoption Date: April 21, 1998
Revised: February 13, 2006
Revised: January 28, 2013
