6210 R&P

ASSURANCE OF APPROPRIATE SERVICES DISABLED STUDENTS UNDER SECTION 504 OF THE REHABILITATION ACT AND THE AMERICANS WITH DISABILITIES ACT

6210 R&P

The Wake County Public School System is committed to providing students with disabilities who attend our schools with the opportunity to participate in, and benefit from, our educational system. The following is the official written policy for compliance with Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA).

I.

DEFINITIONS APPLICABLE TO SECTION 504/ADA POLICY

The law:

“No otherwise qualified individual with handicaps in the United States shall, solely by reason of her or his handicap, as defined in section 706(8) of this title, 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 or under any program or activity conducted by any Executive agency or by the United States Postal Service.”  (29 U.S.C. Sec. 794)

Disabled (handicapped) student:  This term under Section 504/ADA means a student who:

1.

Has a physical or mental impairment that substantially limits one or more major life activities;

2.

Has a record of having an impairment that substantially limits one or more major life activities; 1 or

3.

Is regarded as having an impairment that substantially limits one or more major life activities.1

“The use of these prongs of the definition of handicapped person (“has a record of” and “is regarded as having a disability”) arises most often in the area of employment and sometimes in the area of post-secondary education. It is rare for these prongs to be used in elementary and secondary student cases as they cannot be the basis upon which the requirement for FAPE is triggered. Logically, since the student is not, in fact, mentally or physically handicapped, there is no need for special education or related aids and services.”

Major life activities:

This term means life functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Physical or mental impairment:

This term means (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; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Exclusions:

Section 504/ADA specifically excludes the following physical and/or mental impairments from qualifying a student as disabled:  substance abuse disorders resulting from illegal use of drugs, kleptomania, pyromania, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairment, or other sexual disorders/differences.

II.

NONDISCRIMINATION POLICY IN THE PROVISIONS OF EDUCATIONAL PROGRAMS AND SERVICES TO OTHERWISE QUALIFIED STUDENTS WITH DISABILITIES

In compliance with its obligations under both Section 504 and the ADA, the Wake County Public School System does not discriminate against otherwise qualified students with disabilities in the provision of its educational programs and activities. The school system will make reasonable modifications to its programs and activities to accommodate otherwise qualified students with disabilities, unless such modifications would impose an undue burden on the operation of the particular program, or would alter the fundamental nature or purpose of the program.

In addition to its provision of educational services, the school system will not discriminate against otherwise qualified students with disabilities in its provision of non-educational programs, services and activities such as counseling, athletics, transportation, health services, recreational activities, special interest groups or clubs, referrals to other agencies, and employment.

The Wake County Public School System will provide a free appropriate public education to otherwise qualified students with disabilities who attend its schools. Instruction will be individually designed to meet the individualized educational needs of these students. The school system will seek to assure that the educational services provided to otherwise qualified students with disabilities are reasonably calculated to afford such students an equal opportunity to achieve educational benefit as is provided to students with disabilities.

The school system’s Section 504/ADA Coordinator is the Senior Director of Related Services.

A.

Least Restrictive Environment

The Wake County Public School System will educate otherwise qualified students with disabilities with students without disabilities to the maximum extent appropriate. Otherwise qualified students with disabilities will be removed from the regular educational environment only when the district determines that educating the student in the regular environment with the use of formalized classroom Modifications, supplementary aids and/or services cannot be achieved satisfactorily.

B.

Eligibility Determination

The Wake County Public School System will evaluate any student suspected of qualifying as a disabled student under Section 504/ADA and document the results in writing. The school system will request and will keep on file relevant and current diagnostic information provided by the student’s parent and/or physician, psychologist, psychiatrist or other professional in order to make needed adjustments or modifications for the student. Students who are eligible for formalized modifications will be reevaluated as conditions warrant.

C.

Development of Section 504/ADA Plan

The determination of formalized Section 504/ADA modifications to the student’s educational program will be made in writing at a meeting held by a group knowledgeable about the student before changes are made in the student’s program.

D.

Personnel Training

The Wake County Public School System will provide inservice training and consultation to staff on the education of persons with disabilities, as necessary.

E.

Transportation of Otherwise Qualified Students With Disabilities

The Wake County Public School System will not discriminate in its provision of transportation to otherwise qualified students with disabilities. However, if the school system has made available a free appropriate education to a student that conforms to the requirements of Section 504/ADA, but the parent chooses to place the student elsewhere, the district will not pay for any costs incurred in transporting the student to that program.

F.

Notice to Parent or Guardian of Actions Affecting Identification, Evaluation or Placement

The Wake County Public School System will notify the parent or guardian of a student suspected of being an otherwise qualified disabled student of his/her rights to initiate the grievance procedure and/or obtain an impartial hearing if the parent or guardian disagrees with any action regarding identification, evaluation, and/or placement of a student suspected of being disabled under Section 504/ADA. When a referral is made, the parent will be given a copy of the Section 504/ADA, Student and Parents’ Rights document.

G.

Search and Serve Effort Under 504/ADA

In order not to duplicate efforts, attempts to locate and identify all qualified persons with disabilities residing in the district who are not presently receiving a public education, whether they are disabled pursuant to IDEA, 504/ADA, or both, will be made under the district’s IDEA/child search and serve efforts.

III.

SECTION 504/ADA PROCEDURES FOR DEVELOPING PLANS FOR QUALIFIED STUDENTS WITH DISABILITIES

1.

Referral

Referrals may be made by parents, teachers, or other knowledgeable professionals by a written referral made through the 504 school contact to appropriate school system staff who are knowledgeable in the area of the concern (e.g., audiologist, physical therapist, occupational therapist). Prior to completing the written referral, school staff are encouraged to contact appropriate Related Services specialist(s) to seek input and guidance regarding the need for referral.  Note: If the student is suspected of having a disability in the area of learning, the IDEA procedure for special education is followed.

2.

Assessment

School system staff who perform assessments will review existing pertinent information and determine whether additional assessments are needed. If individual evaluation is needed, written parental consent is obtained and a copy of the Section 504/ADA Student’s and Parent’s Rights documents are sent. Evaluations are then performed and the disability documented in writing.

Reevaluations are not required at specific intervals. However, assessments will be updated as needed to insure that eligibility and accommodation planning is based on information that defines the student’s disability accurately and reflects the student’s current strengths and needs. At least every three years appropriate school system staff should determine whether updated evaluations are needed. Copies of evaluations that have been performed by other agencies or professionals will be requested.

Reevaluations at school will be completed by school system staff who perform evaluations. When a reevaluation is needed, parents will be sent prior notice and a copy of parent rights. Reevaluation findings will be documented in writing.

3.

Eligibility Determination

Upon completion of evaluations for 504/ADA eligibility, appropriate school system staff will meet and determine whether the child has a physical or mental impairment that substantially limits a major life activity at school. If the committee formed for the purpose of determining eligibility finds that the student has a physical or mental impairment that substantially limits one or more major life activities, the student shall be found to be an eligible disabled student under Section 504/ADA.

Note: Parents and students, where appropriate, shall be given reasonable notice of meetings and the opportunity to be involved in the committee process.

4.

Written Notification

The Section 504/ADA committee shall provide written notification to a student’s parents or guardians of any decision by the Section 504/ADA committee as to eligibility under Section 504/ADA. The

Section 504/ADA Student’s and Parent’s Rights documents will be sent to the parents if not sent previously.

5.

504 Plan

For students determined to be eligible under Section 504/ADA, the committee will develop a Section 504/ADA Plan based on information gained from a variety of sources. If the parent is not present at the meeting, the parent’s signature is not required prior to implementation of the plan.  One copy of the plan will be given to the parent. One copy will also be located in the student’s cumulative record for use by the staff, and one copy will be sent to the Section 504 Coordinator.

6.

Review of Plan

The 504 Plan will specify a review date, at least annually, determined by the committee. A new plan will be developed at the review meeting.

IV.

Section 504/ADA Grievance Procedure

A “grievance” is a complaint by a student entitled to an education within the district or a parent of such a student. The district has designed this grievance procedure as a means of reaching, at the lowest possible administrative level, a fair and equitable settlement of differences and issues relating to possible discrimination under the Rehabilitation Act of 1973 (Section 504) and/or the Americans with Disabilities Act. These laws prohibit a public agency like Wake County from discriminating in its provision of its programs or activities against a qualified disabled person solely by reason of that person’s disability.

The 504 appeals procedure may be used for any disagreement with respect to actions regarding the identification, evaluation, educational services, or educational program of students who, because of disability, need or are believed to need Section 504 plans and are not eligible under the IDEA, except in the case of long term suspension where the provisions of Board Policy No. 6530.3 - 6530.8 and No. 6400.2 apply. A student, parent, or guardian may initiate the procedure when they believe that a violation, misapplication, or misinterpretation of board policy, or state or federal law or regulation has occurred.

Questions about particular Section 504 issues may be directed to the following individuals:

·        For grievances related to a student’s program:  Associate Superintendent for Instructional Services—850-1796

·        For grievances related to facilities:  Associate Superintendent for Auxiliary Services—850-1900

·        For questions related to Section 504/ADA student evaluations and accommodation plans:  Senior Director of Related Services—850-1874

Grievance Procedure

Step 1 - Principal Conference: A student, parent, or guardian wishing to invoke the 504 appeals process shall make a written request for a conference with the principal to discuss the grievance and seek resolution. The request shall fully describe the grievance. The following additional guidelines shall be observed in Step I:

A.

A grievance shall be filed as soon as possible but not longer than thirty days after disclosure of the facts giving rise to the grievance.

B.

The principal shall grant the conference within five school days following receipt of the request.  The principal will state in writing his/her position on the question to the individual within five school days following the conference.

C.

Only the parent, guardian, or someone acting in loco parentis shall be permitted to join or represent the student in the conference with the principal.

Step II - Appeal to the Superintendent:  If the grievance is not resolved at Step I, the student, parent, or guardian may appeal the principal’s decision in writing to the Superintendent or designee. The appeal must be made within five school days following receipt of the appeal. A written response shall be made to the student, parent, guardian, and principal from the superintendent or his designee within ten school days following the review.

Step III - Appeal for a Section 504 Due-Process Hearing: If the grievance is not resolved at Step II, an appeal may be made for an independent hearing.  The appeal must be made in writing within ten school days following the written response from the Superintendent in Step II. Upon receipt of the request for a hearing, the Superintendent or designee will arrange for an independent hearing officer to hear the case. The individual is entitled to have his/her parent/guardian participate in the hearing and be represented by counsel if so desired. The hearing officer will inform the parent/guardian of the decision within thirty days of the hearing.

Step IV - If the grievance is not resolved at Step III, there is a right to appeal to federal court from a decision of the hearing officer.

Adopted: November 1, 2001

1 Please note, as explained in an OCR senior staff memorandum dated August 3, 1992 (19 IDELR 894),