GENERAL POLICY

RIGHTS OF DISABLED PERSONS

29 U.S.C. & 701 et seq.

It is the policy of the Pembroke School District that no otherwise qualified person shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by this District.

As used in this policy and any implementing regulations, "disabled person" means a person who has, or had, is regarded or was regarding as having, a physical or mental impairment that substantially limits one or more of a person’s major life activities. This term includes all students identified as educationally disabled under IDEA.

Notice of the District’s policy on non-discriminating in employment and education practices shall be stated in the local School Board policy manual, posted throughout the District, and published in any district statement regarding the availability of employment positions or educational services.

EMPLOYMENT:

No employee or candidate for employment shall be discriminated against in recruitment, employment, promotion, training, or transfer solely because of his/her disabling condition.

No candidate for employment shall be required to answer a question regarding a disabling condition that is not directly related to the essential function of the position for which she/he has applied. No such candidate shall be discriminated against on the basis of a disabling condition that is not directly related to the essential function of the position for which she/he has applied. The District may make pre-employment inquiries into a candidates ability to perform job-related functions.

Reasonable modifications in scheduling and the allocation of duties, not directly affecting the instructional program, shall be made to accommodate employment conditions to the needs of disabled persons.

FACILITIES AND PROGRAMS:

The educational program of the District shall be equally accessible to all students at each grade level. Barrier-free access to school facilities shall be provided to the extent that no disabled person is denied an opportunity to participate in a District program available to nondisabled persons.

A free appropriate public education shall be provided for each child determined to be in need of services. Such services or program shall be provided in the least restrictive environment and in barrier-free facilities comparable to those provided for nondisabled students.

No otherwise qualified student with disabilities will be denied participation in co-curricular, intramural, or scholastic activities or any of the services offered or recognitions rendered regularly to the students of this District.

The due process rights of disabled students and their parents will be safeguarded.

PROCEDURAL SAFEGUARDS:

The Assistant Superintendent of Schools for SAU #53 is designated as Section 504 Coordinator. However, each school also has an in-house coordinator to address initial concerns. A complaint regarding a violation of law and the policy shall be subject to the District’s adopted grievance procedure that provides for the prompt and equitable resolution of disputes.

For actions concerning the identification, evaluation, and placement of a disabled student, the School District will provide the parents or guardian with:

1. notice of all such actions;

2. notice of parental rights;

3. the opportunity to examine relevant records;

4. an impartial hearing with the opportunity for parental participation and representation by counsel; and

5. a review procedure.

Upon request, the local Section 504 Coordinator will provide a copy of the District’s grievance procedures. Employees of this District shall be informed that a complaint may be filed without reprisal by the Board or any of its employees or agents. The grievant shall be notified of his/her rights of appeal.

A complaint regarding the identification, evaluation, or placement of a qualified disabled student shall be governed by the grievance procedure established by Board Policy.

 

PROCEDURES FOR QUALIFIED STUDENTS:

IDENTIFICATION

Pembroke School District defines a qualified disabled individual under Section 504 as: a student three to six years old who is educationally disabled under IDEA, or a school aged child between the ages of 6 to 21 who has not graduated and who meets one of the following criteria:

  1. Has a physical or mental impairment which substantially limits one or more major life activities. The term does not cover children disadvantaged by cultural, environmental or economic factors.

  2. Has a record or history of such an impairment.

  3. Is regarded as having such an impairment. A person can be found eligible under this section if she/he:

a) has a physical or mental impairment that does not substantially limit a major life activity but is treated by the District as having such a limitation (e.g., a student who has scarring, a student who walks with a limp).

b) has a physical or mental impairment that substantially limits a major life activity only as a result of the attitudes of others towards such impairment; or

c) has no physical or mental impairment but is treated by the district as having such an impairment (e.g., a student who tests positive with the HIV virus but has no physical effects from it). (See Footnote 1).

Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself and performing manual tasks. The disabling condition need only substantially limit one major life activity in order for the student to be eligible.

PLACEMENT AND ACCOMMODATION

I. DEFINITION - PLACEMENT:

Placement is defined as a free, appropriate public education in the least restrictive environment.

PLACEMENT POLICY:

For students identified as educationally disabled using Special Education criteria, placement will be determined according to IDEA regulations. For a student whose current physical or mental condition would qualify him/her as disabled under 504 but not by Special Education criteria, placement will be determined by School District designees who are knowledgeable about the child, the meaning of the evaluation data, and the placement options.

All information made available from a variety of sources will be considered and so documented in the decision making process. Placements must meet the following criteria:

1. no cost to parent;

2. accessible; and

3. least restrictive environment.

II. DEFINITION - ACCOMMODATIONS:

Accommodations are considerations and/or modifications geared to assure access to a free and appropriate public education.

ACCOMMODATION POLICY:

For students who qualify as disabled under Section 504, reasonable accommodations will be determined by School District designees who are knowledgeable about the child and the meaning of the evaluation data. All information made available from a variety of sources will be considered. For determination of needed accommodation(s), the following criteria should be used:

  1. Accommodation should be reasonable and not seriously diminish the quality of the program.

  2. Environmental factors which would create a barrier should be identified and modified if needed.

  3. School/classroom policies and procedures should meet individual needs. Areas of consideration may include but not be limited to:

 

    1. alternative lesson plans and methods of instruction;

    2. schedule modifications;

    3. student groupings;

    4. grading system modifications;

    5. modification of minimal attendance policy;

    6. behavior management;

    7. communication among all involved parties;

    8. assistive devices and/or equipment;

    9. transportation; and

    10. co-curricular, intramural, and interscholastic participation.

GRIEVANCE PROCEDURE

The Assistant Superintendent of Schools is designated as Section 504 Grievance Coordinator. A complaint regarding a violation of law shall be subject to a grievance procedure that provides for the prompt and equitable resolution of disputes.

Upon request, the local Section 504 Coordinator will provide a copy of the District’s grievance procedures. The person who believes she/he has a valid basis for grievance shall discuss the grievance informally and on a verbal basis with the Section 504 Building Coordinator, who shall, in turn, investigate the complaint and respond to the complainant. If not satisfied with the response, the complainant may initiate formal procedures according to the following steps:

Step 1:

A written statement of the grievance signed by the complainant shall be submitted to the Section 504 Coordinator within five (5) business days of receipt of answer to the informal complaint. The Coordinator shall further investigate the matters of grievance and reply in writing to the complainant within fifteen (15) business days.

Step 2:

If the complainant wishes to appeal the decision of the Section 504 Grievance Coordinator, she/he may submit a signed statement of appeal to the Superintendent of Schools or designee, or to an impartial hearing officer if it is determined that the Superintendent or designee is not impartial, within five (5) business days after receipt of the Coordinator’s response. The Superintendent or designee shall meet with all parties involved, formulate a conclusion, and respond in writing to the complainant within fifteen (15) business days.

Step 3:

If the complainant remains dissatisfied, she/he may appeal through a signed written statement to the local School Board within five (5) business days of his/her receipt of the Superintendent’s response in Step 2. The local School Board, or an independent hearing officer if it is determined that the Board is not impartial, shall hold an impartial hearing within thirty (30) business days of the receipt of such an appeal. A copy of the disposition of the appeal shall be sent to each concerned party within thirty (30) business days of this hearing.

Step 4:

The decision of the School Board or hearing officer is final pending any further legal resource as may be described in local District, state or federal statutes relating to Section 504. Further appeal may be made to the Office for Civil Rights, Region I, U.S. Department of Education, John W. McCormack Post Office and Court House, Post Office, Square, Room 222, Boston, Massachusetts 02109.

SECTION 504

IDENTIFICATION/EVALUATION/PLACEMENT

  1. A written referral form is completed by teacher/parent/student and forwarded to the Referral Review Team.

  2. The Referral Review Team convenes and reviews all the available evaluation data.

  3. Team determination:

The Team may make the following determinations:

a. that additional information and/or further evaluation is needed (permission for testing); or

b. that the student is not disabled under Section 504; or

c. that the student is disabled under Section 504 and a placement/accommodation plan needs to be developed; and/or

d. that the student needs to be referred to the SEE/PT (Special Education Evaluation/Placement Team) for further action. (IDEA.)

4. Reevaluation: Each disabled student provided with special education and/or related services pursuant to Section 504, as amended by the Americans with Disabilities Act, shall be periodically reevaluated by the District.

PARENT/STUDENT RIGHTS IN

IDENTIFICATION, EVALUATION AND PLACEMENT

Please Keep This Explanation for Future Reference

(Section 504 of the Rehabilitation Act of 1973)

(as amended by the Americans with Disabilities Act)

The following is a description of the rights granted by federal law to students with disabilities. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions.

You have the right to:

  1. Have your child take part in, and receive benefits from, public education programs without discrimination because of his/her disabling condition;

  2. Have the school district advise you of your rights under federal law;

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

  4. Have your child receive a free appropriate public education. This includes the right to be education with disabled students to the maximum extent appropriate. It also includes the right to have the School District make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities;

  5. Have your child educated in facilities and receive services comparable to those provided nondisabled students;

  6. Have your child receive special education and related services if she/he is found to be eligible under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Chapter 33, P.L. 101-476);

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

8. Have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the District;

9. Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program, and placement;

10. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records;

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

12. Request amendment of your child’s educational record if there is reasonable cause to believe that they are inaccurate, misleading or otherwise are in violation of the privacy rights of your child. If the School District refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing;

13. File a local grievance, in accordance with the School District’s Section 504 grievance procedure;

14. Appeal to the Office for Civil Rights, Region I, U.S. Department of Education, John W. McCormack Post Office and Court House, Post Office Square, Room 222, Boston, MA 02109; and

15. Ask for payment of reasonable attorney fees if you are successful on your claim.

The person in this district who is responsible for assuring that the District complies with Section 504 is:

___________________________________ (Section 504 Coordinator)

___________________________________ (Telephone Number)

SECTION 504

PERMISSION/DISCLOSURE

Date:___________________________

Dear ___________________________:

The _____________________ School District is reviewing information on _________________ in order to determine if she/he is a qualified disabled individual under Section 504 of the Rehabilitation Act of 1973.

The Team is reviewing any information which may assist in the determination of eligibility. We are interested in obtaining medical, health, or other information which will aid in this decision.

Please complete the form attached and return it to me as soon as possible. If you have any questions, please do not hesitate to call.

Sincerely,

 

________________________________

(Name/Title)

________________________________

(Telephone)

Physician/Clinic/Agency Address Telephone No.

____________________ _____________________ ____________

_____________________

____________________ _____________________ ____________

_____________________

____________________ _____________________ ____________

_____________________

I do ____ or do not____ give my permission to disclose information to the _________________ School District.

_______________________________ _________________________

(Parent/Guardian) (Date)

SECTION 504

PLACEMENT/ACCOMMODATION PLAN

I. STUDENT’S NAME: ______________________________ DOB: __________________

SCHOOL: _________________________________ DATE TEAM MET: _______________

II. EVALUATION INFORMATION CONSIDERED:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

III. DETERMINATION OF DISABILITY: NO________ YES________

Check all of the reasons/criteria which apply: (A student qualifies for Section 504 with only one criterion check.)

____ 1. Has a physical or mental impairment which substantially limits one or more life activities.

____ 2. Has a record of such impairment. (Ordinarily does not apply to students.)

____ 3. Is regarded as having such an impairment. (Ordinarily does not apply to students.)

Identify impairment: _______________________________________________

Identify life activity: _______________________________________________

IV. REFERRAL TO SPECIAL EDUCATION TEAM:

The Section 504 Team has determined that this student may be eligible to be considered as educationally disabled under IDEA:

NO __________ YES ________

PLACEMENT/ACCOMMODATION PLAN

V. ACCOMMODATIONS/PLACEMENT:

Taking LRE (Least Restrictive Environment) into consideration, describe the accommodations / placement that will be made:

 

 

 

 

 

 

 

 

 

 

VI. MONITORING SCHEDULE:

 

 

 

TEAM MEMBERS ROLE/POSITIONS

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

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