IGBA-R - Programs for Students with Disabilities

File:  IGBA-R

 

PROGRAMS FOR STUDENTS WITH DISABILITIES

 

General Provisions

 

Purpose:

The purpose of this policy is to effectuate section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of disability in any program or activity receiving federal finance assistance.

 

Application:

This policy applies to each recipient of federal financial assistance from the Department of Education and to each program or activity that receives from such assistance.

 

Definition:

Section 504 provides that “no otherwise handicapped individual in the United States…shall solely by reason of…handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”  A child is a “qualified handicapped person” under section 504 if he or she (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) (a) has a record of such impairment, or (b) is regarded as having such an impairment; and (2) is of age at which it is mandatory under state law to provide preschool, elementary, secondary, or adult education to the disable.

 

Child Find:

A receipt that operates a public elementary or secondary education program shall annually: (a) Undertake to identify and locate every qualified disabled person residing in the recipient’s jurisdiction who is not receiving a public education; and (b) Take appropriate steps to notify disabled persons and their parents or guardian of the recipient’s duty under this subpart.

 

FAPE (Free and Appropriate Public Education):

For the purpose of this subpart, the provision is designed to meet individual needs of the students.  For the purpose of this section, the provision of a free education is the provision of educational and related services without cost to the student or to his or her parents or guardians, except for these fees that are imposed on other students or their parents or guardian.

Referral:

The principal/central office shall receive referrals from parents, teachers or other referring sources.  The referral shall consist of defining the specific problem and may include supporting information of the specific problem.  Upon receipt of the referral the principal and/or the 504 coordinator shall convene to ensure that every accommodation shall be explored to provide for the specific need of the student.  Written documentation of accommodation will be provided to parents.  If the accommodation is not viewed as meeting the specific needs of the student when notification and permission to evaluate shall be sent to the parents or guardian.

 

Evaluation/Eligibility:

Evaluation shall consist of components that (a) have been validated for the specific purpose for which they are used, and are administered by trained personnel in conformance with the instructions provided by their procedures: (b) include material tailored to assess specific areas of educational need and not merely materials that are designed to provide a single general intelligence quotient; and (c) are selected and administered so as to best ensure that, when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the student’s impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).

 

Recipients must draw upon a variety of courses sin the evaluation process so that the possibility of error in classification is minimized.  All significant factors related to the learning process, including adaptive behavior must be considered.  Adaptive behavior is the effectiveness with which the individual meets the standards of personal independence and responsibility expected of his or her age and cultural group.

 

Information from all sources must be documented and considered by a group of knowledgeable persons, and procedures must ensure that the student is placed in the most integrated setting appropriate.  Periodic reevaluation is required.  Parents shall be notified of the evaluation results.

 

Service Delivery

A personalized education service shall be developed and implemented in accordance with the eligibility results.  Annual review of the PES shall be conducted.

 

Parents’ Rights

Parents have the right to be notified of the evaluation, the results of the evaluation and to participate in the development of the PAS.  If the parents or guardian disagrees with the school’s decision they have the right to mediation to resolve the disagreement to request a due process hearing.

 

Note:  LEA’s are required to have a compliance officer, policy, procedures, and a system for hearing complaints.  The state department of education will not get involved in monitoring or hearing complaints.  This responsibility flows directly from the LEA’s to the OCR.

 

Adopted:  11/24/03