Regulation Glen Ridge Board of Education
M
R
1510 RIGHTS OF PERSONS WITH HANDICAPS OR DISABILITIES/NON-DISCRIMINATION
It
is the policy of the Board of Education that no qualified handicapped/disabled
person shall, on the basis of handicap/disability, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
in employment or under any program, activity or vocational opportunities sponsored
by this Board. The Board shall comply
with §504 of the Rehabilitation Act of 1973 and the Americans with Disabilities
Act of 1990. The Board shall also comply
with the Individuals with Disabilities Education Act through the implementation
of Policy No. 2460 and Regulations Nos. 2460 through 2460.14.
DEFINITIONS
Handicapped/Disabled
Person - means any person who (1) has a physical or mental impairment that
substantially limits one or more of a person's major life activities and
includes specific learning disabilities, (2) has a record of such impairment,
or (3) is regarded as having such an impairment. (34 CFR sec. 104.3(j))
Disability
- means a pupil with mental retardation, hearing impairments including
deafness, speech or language impairments, visual impairments including
blindness, serious emotional disturbance, orthopedic impairments, autism,
traumatic brain injury, other health impairments or specific learning
disabilities and who by reason thereof, needs special education and related
services 20 U.S. 1401 §602(A), or an individual who has a physical or mental
impairment that substantially limits one or more major life activities of such
individual. 42 U.S.C. §1201 §3.
Physical
or Mental Impairment - means (1) any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more of the following
body systems: neurological; muscularskeletal, special
sense organs; respiratory, including speech organs; cardiovascular;
reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or (2) any mental
or physiological disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities. (34 CFR sec. 104.3(j)(2)(i))
Major
Life Activities - means functions such as caring for one’s self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, and
working. (34 CFR sec. 104.3(j)(2)(ii)). Has a record of such impairment - means has a
history of, or has been misclassified as having, a mental or physical
impairment that substantially limits one or more major life activities. (34 CFR sec. 104.3(j)(2)(iii)). Is regarded as having an impairment - means
(1) has a physical or mental impairment that does not substantially limit major
life activities but that is treated by a recipient as constituting such a limitation;
(2) has a physical or mental impairment that substantially limits major life
activities only as a result of the attitudes of others toward such impairment,
or (3) has none of the impairments defined above, but is treated by a recipient
as having such an impairment. (34 CFR
sec. 04.3(j)(2)(iv)
Recipient
- Any state or its political subdivision, including this Board of
Education. (34 CFR sec. 104.3(f))
Qualified
Handicapped/Disabled Person - means:
1. With
respect to employment, a handicapped/ disabled person who, with reasonable
accommodation, can perform the essential functions of the job in question;
2. With
respect to public preschool, elementary, or secondary, services, a
handicapped/disabled person (1) of an age during which non-handicapped/non-disabled
persons are provided such services, (2) of any age during which it is mandatory
under state or federal law to provide such services to handicapped/disabled
persons, or (3) to whom a state is required to provide a free appropriate
public education under the Individuals with Disabilities Education Act;
3. With
respect to other services, a handicapped/disabled person who meets the
essential eligibility requirements for the receipt of such services. (34
Handicap
- means any condition or characteristic that renders a person
handicapped/disabled.
Disability
- means any condition or characteristic that renders a person disabled.
Aids,
Benefits, and Services - means aids, benefits and services to be equally
effective, are not required to produce the identical result or level of
achievement for handicapped/disabled and non-handicapped/non-disabled persons,
but must afford handicapped/disabled persons equal opportunity to obtain the
same result, gain the same benefit, or reach the same level of achievement, in
the most integrated setting appropriate to the person’s needs. (34
Act
- means the Rehabilitation Act of 1973, Public Law 93-112, as amended by the
Rehabilitation Act Amendments of 1974. Public Law 93-516, 29 U.S.C. 794, the
Americans with Disabilities Act 42 U.S.C. §1201 et seq., and the Individuals
with Disabilities Act 20
"Aggrieved
individual" means a qualified handicapped/disabled person who alleges a
grievance or the representative of such qualified handicapped/disabled person.
"Board
of Education" means the Board of Education of the
"Complainant"
means a parent(s) or legal guardian(s) of a qualified handicapped/disabled
pupil or qualified handicapped/disabled person who files a grievance in
accordance with the grievance procedure.
"Compliance
Officer" means the district official responsible for the coordination of
activities relating to compliance with §504.
"Day"
means either calendar or working day as specified.
"Employee"
means an individual who receives remuneration from the school district for
services rendered.
"Grievance"
means an unresolved problem concerning the interpretation or application by an
officer or employee of this school district of law and regulations regarding
discrimination by reason of handicap/disability.
"Immediate
supervisor" means any employee responsible for, or exercising any degree
of supervision or authority over another employee or pupil.
"Intermediate
supervisor" means the administrator to whom the immediate supervisor is
directly responsible.
"Pupil"
means an individual enrolled in any formal educational program provided by the
school district.
"School
district" means the
District
Coordinator
The
Board will appoint a District Coordinator to coordinate its efforts to comply
with the Rehabilitation Act and the Americans with Disabilities Act and Title
IX. Such procedures to coordinate its
efforts to comply with the act will be contained in this Regulation for pupils,
employees and other qualified persons.
The District Coordinator will be responsible for the initial evaluation
of all allegations, reasonable accommodations, if required, and
re-evaluations. The District Coordinator
will comply with the mediation and due process requirements pursuant to
N.J.A.C. 6A-14-2.6 and 6A:14-2.7 where applicable in cases arising from §504.
Notice
The
Board shall notify members of the community, applicants, including those with
impaired vision or hearing, and unions/associations within the school district,
that the Board of Education does not discriminate on the basis of
handicap/disability in violation of §504 or the Americans with Disabilities
Act. This notice may include any of the
following methods: the posting of
notices, publication in local newspapers and magazines and/or distribution of
memoranda or other written communications.
The policy and regulation may be reprinted in part or in full and
distributed to serve as adequate notice.
State
Or Local Law
The
obligation to comply with the Rehabilitation Act and the Americans with
Disabilities Act is not obviated or alleviated by the existence of any State or
local law or other requirement that, on the basis of handicap/disability,
imposes prohibitions or limits upon the eligibility of qualified
handicapped/disabled persons to receive services or to practice any occupation
or profession, or because employment opportunities in any occupation or
profession are or may be more limited for handicapped/disabled persons than non-handicapped/non-disabled
persons.
EMPLOYMENT
PRACTICES
Discrimination
Prohibited
No
qualified handicapped/disabled person shall, on the basis of
handicap/disability, be subjected to discrimination in employment under any
program or activity to which the Act applies.
The Board of Education will take positive steps to employ and advance in
employment qualified handicapped/ disabled persons in programs assisted under
the Act. The Board of Education will
make all decisions concerning employment under any program or activity to which
the Act applies in a manner which ensures that discrimination on the basis of
handicap/disability does not occur and may not limit, segregate, or classify
applicants or employees in any way that adversely affects their opportunities
or status because of handicap/disability.
The
Board of Education will not participate in a contractual or other relationship
that has the effect of subjecting qualified handicapped/disabled applicants or
employees to discrimination prohibited by the Rehabilitation Act. This shall apply to:
1. Recruitment,
advertising, and the processing of applications for employment;
2. Hiring,
upgrading, promotion, award of tenure, demotion, transfer, layoff, termination,
right of return from layoff and rehiring;
3. Rates
of pay or any other form of compensation and changes in compensation;
4. Job
assignments, job classifications, organizational structures, position
descriptions, lines of progression, and seniority lists;
5. Leaves
of absences, sick leave, or other leave;
6. Fringe
benefits available by virtue of employment, whether or not administered by the
Board of Education;
7. Selection
and financial support for training including apprenticeship, professional
meetings, conferences, and other related activities, and selection for leaves
of absences to pursue training;
8. Employer
sponsored activities, including social or recreational programs; and
9. Any
other term, condition, or privilege of employment.
The
Board of Education’s obligation to comply with these requirements is not
affected by any inconsistent term or any collective bargaining agreement to
which the Board is a party.
Reasonable
Accommodation
The
Board of Education will make reasonable accommodation to the known physical or
mental limitation of any otherwise qualified handicapped/disabled applicant or
employee unless the Board can demonstrate that the accommodation would impose
an undue hardship on the operation of the program. Reasonable accommodation may include making
facilities used by employees readily accessible to and usable by
handicapped/disabled persons and job restructuring, part-time or modified work
schedules, acquisition or modification of equipment or devices, the provision of
readers or interpreters, and other similar actions. In determining whether the accommodation
would impose an undue hardship on the operation of the program, the Board of
Education will consider:
1. The
overall size of the school district’s program with respect to the number of
employees, number and type of facilities and the size of the budget;
2. The
type of operation, including the composition and structure of the school
district’s workforce; and
3. The
nature and cost of the accommodation needed.
The
Board of Education will not deny any employment opportunity to a qualified
handicapped/disabled employee or applicant if the basis of the denial is the
need to make reasonable accommodation to the physical or mental limitations of
the employee or applicant.
Employment
Criteria
The
Board of Education and its administration will not use any employment test or
other selection criterion that screens out or tends to screen out
handicapped/disabled persons or any class of handicapped/disabled persons
unless the test score or other selection criterion is shown to be job-related
for the position in question and alternative job-related tests or criteria that
do not screen out as many handicapped/disabled persons shown by the Coordinator
to be available. The Board of Education
and its administration may select and administer tests concerning employment so
as to best ensure that when administered to an applicant or employee who has a
handicap/disability that impairs sensory, manual, or speaking skills, the test
results accurately reflect the applicant’s or employee’s job skills, aptitude,
or whatever factor the test purports to measure, rather than reflecting the
applicant’s or employee’s impaired sensory, manual, or speaking skills (except
where those skills are the factors that the test purports to measure).
Pre-employment
Inquiries
Except
as provided for in this regulation and the Rehabilitation Act, the Board of
Education and its administration, will not conduct pre-employment medical
examination and will not make pre-employment inquiry of an applicant as to
whether the applicant is a handicapped/disabled person or as to the nature or
severity of the handicap/disability. The
school district may make pre-employment inquiry into an applicant’s ability to
perform job related functions.
When
the Board of Education is taking remedial action to correct effects of past
discrimination or to overcome the effects of conditions that resulted in
limited participation in its federally assisted program or activity, as provided
for in the Rehabilitation Act, or when the Board is taking affirmative action
pursuant to §504 of the Rehabilitation Act, the Board may invite applicants for
employment to indicate whether and to what extent they are
handicapped/disabled. This is permitted
provided the Board states clearly on a written questionnaire or makes clear
orally if no written questionnaire is used that the information requested is
intended for use solely in connection with its remedial action obligations or
its voluntary or affirmative action efforts and the Board states clearly that
the information is being requested on a voluntary basis, that it will be
kept confidential, that refusal to provide information will not subject the applicant or
employee to any adverse treatment, and that the information will only be used
in accordance with this part of the Regulation and applicable section of the
Rehabilitation Act.
The
Board of Education may condition an offer of employment on the results of a
medical examination conducted prior to the employee’s entrance on duty provided
that all entering employees are subjected to such an examination regardless of
handicap/disability and the results of such an examination are used only in
accordance with the requirements of the policy, regulation and the
Rehabilitation Act.
Information
obtained in accordance with pre-employment inquiries as to the medical
condition or history of the applicant will be collected and maintained on
separate forms that will be accorded confidentiality as medical records.
Supervisors may be informed of restrictions on the work or duties of
handicapped/disabled persons and any reasonable accommodations. First aid and safety personnel may be
informed, where appropriate, if the condition might require emergency treatment. Government officials investigating compliance
with the Rehabilitation Act shall be provided relevant information upon
request.
Complaints
About Employment Discrimination
Complaints
about employment discrimination under §504 of the Rehabilitation Act of 1973 or
the Americans with Disabilities Act shall first be made in writing to the
Superintendent of Schools or his/her designee.
If the complaint cannot be resolved the following grievance procedure
shall be followed:
Grievance
Procedure - Employment
This
grievance procedure shall apply to qualified handicapped/disabled persons who
are employees with alleged discriminatory act(s) under the provisions of §504
of the Rehabilitation Act of 1973 and/or the Americans with Disabilities Act.
1. The
aggrieved individual shall file a written complaint, stating the specific facts
of his/her grievance and the alleged discriminatory act, with the compliance
officer.
2. The
District Coordinator shall make all reasonable efforts to resolve the matter
informally by having the aggrieved individual review the complaint with his/her
immediate supervisor.
3. The
immediate supervisor shall render a determination to the aggrieved individual
within five working days after hearing the complaint. If such complaint is not satisfactorily
resolved at this stage, the aggrieved individual may proceed to the next level
of appeal.
4. Within
three working days after a determination has been made at the preceding stage,
the aggrieved individual may present the complaint in writing to the
intermediate supervisor, if such there be, who shall orally discuss the
complaint with the aggrieved individual.
The intermediate supervisor shall render a determination in writing to
the aggrieved individual within seven working days after receiving the
complaint. If such complaint is not
satisfactorily resolved at this stage, the aggrieved individual may proceed to
the next level of appeal.
5. Within
three working days after a determination has been made by the intermediate
supervisor, the aggrieved individual may make a written request to the
compliance officer for review and determination.
6. The
District Coordinator shall immediately notify the individual, immediate
supervisor, and intermediate supervisor in the case to submit written statements
to him/her within five working days setting forth the specific nature of the
complaint, the facts relating thereto, and the determinations previously
rendered.
7. The
District Coordinator shall notify all parties concerned in the case of the time
and place when an informal hearing will be held where the parties may appear
and present oral and written statements supplementing their position in the
case and the manner in which the hearing will be conducted. Such hearing shall be held within seven
working days of receipt of the written statements pursuant to paragraph 5.
8. The
District Coordinator shall render a determination within twelve working days
after the written statements pursuant to paragraph 5 have been presented to
him/her, or five working days after the completion of the informal
hearing. The District Coordinator will
provide a written copy of his/her determination to all parties.
9. The
aggrieved individual may appeal the determination of the District Coordinator
to the Board within three working days of the receipt of the compliance
officer's determination. The appeal
shall be in writing and attached to copies of the original complaint, the
minutes of the informal hearing, and the written determination of the District
Coordinator. The Board or a committee
thereof may, in its discretion, convene a hearing at which the parties may
present additional testimony and argument.
10.
Within forty-five calendar days of the filing of appeal, the Board shall
provide both parties with a written decision.
11.
If the complaint has not been satisfactorily resolved in the above stages, the
aggrieved individual may appeal in writing directly to the Office of Civil
Rights.
FACILITIES
Discrimination
Prohibited
No
qualified handicapped/disabled person shall, because a Board of Education
facility is inaccessible to or usable by handicapped/disabled persons, be
denied the benefits of, be excluded from participation in, or otherwise be
subjected to discrimination under any activity to which this section of the
Regulation applies.
Existing
Facilities
The
Board of Education will operate its programs and activities so that the
program, when viewed in its entirety, is readily accessible to
handicapped/disabled persons. The Board
of Education is not required to make each of its facilities accessible to and
usable by handicapped/disabled persons.
The Board may comply with these requirements through such means as
redesign of equipment, realignment of classes or other services to other
buildings, assignment of aides, alternative sites, alterations of existing
facilities or construction of new facilities or any other methods that result
in making its programs or activities accessible to persons. The Board is not required to make structural
changes in existing facilities where other methods that are effective in
achieving compliance with this Regulation and the Rehabilitation Act. The Board will give priority to those methods
that offer programs and activities to handicapped/disabled persons in the most
integrated setting appropriate. The
Board of Education will develop a plan to make its facilities comply with this
policy and the Rehabilitation Act. The
plan shall be developed with the assistance of interested persons, including
handicapped/disabled persons or organizations representing handicapped/disabled
persons.
New
Construction
The
Board of Education will design and construct each new facility or part of each
new facility, or in the renovation of facilities or part thereof, in a manner
that each such facility is readily accessible to and usable by
handicapped/disabled persons. The
alterations are not required if the alteration has little likelihood of being
accomplished without removing or altering a load-bearing structural
member. The Board of Education will
comply with the provisions of N.J.S.A. 18A and N.J.A.C. 6 for the construction,
remodeling and/or renovation of its facilities.
Complaints
About Accessibility of Facility
Complaints
about access to facilities shall first be made to the Superintendent of Schools
or his/her designee. If the complaint
cannot be resolved the following grievance procedure shall be followed:
Grievance
Procedure - Facilities
This
grievance procedure shall apply to qualified handicapped/disabled persons who
are not employees or pupils with alleged discriminatory act(s) under the
provisions of §504 of the Rehabilitation Act of 1973 and/or the Americans with
Disabilities Act.
1. The
aggrieved individual shall file a written complaint, stating the specific facts
of his/her grievance and the alleged discriminatory act, with the District
Coordinator.
2. The
District Coordinator shall make all reasonable efforts to resolve the matter
informally by reviewing the complaint with the aggrieved individual.
3. In
the event the complaint cannot be resolved through an informal meeting, the
District Coordinator shall notify all parties concerned in the case of the time
and place when an informal hearing will be held where the parties may appear
and present oral and written statements supplementing their position in the
case and the manner in which the hearing will be conducted. Such hearing shall be held within seven
working days of receipt of the written statements pursuant to paragraph 5.
4. The
District Coordinator shall render a determination within twelve working days
after the written statements pursuant to paragraph 5 have been presented to
him/her, or five working days after the completion of the informal
hearing. The District Coordinator will
provide a written copy of his/her determination to all parties.
5. The
aggrieved individual may appeal the determination of the District Coordinator
to the Board within three working days of the receipt of the District
Coordinator’s determination. The appeal
shall be in writing and attached to copies of the original complaint, the
minutes of the informal hearing, and the written determination of the
compliance officer. The Board or a
committee thereof may, in its discretion, convene a hearing at which the
parties may present additional testimony and argument.
6. Within
forty-five calendar days of the filing of appeal, the Board shall provide both
parties with a written decision.
7. If
the complaint has not been satisfactorily resolved in the above stages, the
aggrieved individual may appeal in writing directly to the Office of Civil
Rights.
EDUCATIONAL
PROGRAM
The
Board of Education will not, on the basis of handicap/disability, exclude
qualified handicapped/disabled persons from the program or activity and will
take into account the needs of such persons in determining the aid, benefits or
services to be provided under the program or activity.
Pupils
not otherwise eligible for special education programs and/or related services
pursuant to N.J.A.C. 6A:14-1 et seq. may
be referred to the District 504 Coordinator by the parent(s) or legal
guardian(s), staff member and/or a request directly from the pupil.
The
Board will provide a reasonable accommodation(s) to otherwise qualified pupils
notwithstanding any program and/or related services required pursuant to
N.J.A.C. 6A:14-1 et seq. Timelines for
re-evaluations of pupils receiving a reasonable accommodation(s) will be
established by the District Coordinator.
A re-evaluation may be requested by the parent(s) or legal guardian(s)
and/or the pupil at any time upon written request to the District
Coordinator.
Location
and Notification
The
administration will undertake to identify and locate every qualified
handicapped/disabled person residing within the school district who is not receiving a public school education and will take
steps to notify such handicapped/disabled persons and their parent(s) or legal
guardian(s) of the school district’s duty under the policy and Rehabilitation
Act. Pupils not otherwise eligible for
program and/or related services pursuant to N.J.A.C. 6A:14-1 et seq., may be
referred to the District Coordinator by the parent(s) or legal guardian(s),
staff member and/or a request directly from the pupil.
Free
Appropriate Public Education
The
school district is required to provide a free appropriate public education to
each qualified handicapped/disabled person who resides within the school
district regardless of the nature or severity of the person’s
handicap/disability. An appropriate
education is the provision of regular or special education and related aids and
services that are designed to meet individual educational needs of
handicapped/disabled persons as adequately as the needs of non-handicapped/non-disabled
persons are met and are based upon adherence to procedures that satisfy the
requirements of this regulation.
The
school district may place a handicapped/disabled person in or refer such person
to a program other than the one it operates as its means of carrying out the
provisions of this regulation and IDEA.
The school district continues to maintain responsibility for ensuring
the requirements of this section are met in respect to any handicapped/disabled
person so placed or referred.
A
free appropriate public education must be provided to handicapped/disabled
person without cost to the handicapped/disabled person or to his/her parent(s)
or legal guardian(s), except for those fees that are imposed on non-handicapped/non-disabled
persons or their parent(s) or legal guardian(s). If the handicapped/disabled person is placed
in a program not operated by the school district the school district will
ensure adequate transportation to and from the program and it shall be provided
at no greater cost than would be incurred by the person or his parent(s) or
legal guardian(s) if the handicapped/disabled person was placed in the program
operated by the school district. If a
public or private residential placement is necessary to provide a free
appropriate education to a handicapped/disabled person because of his/her
handicap/disability, the program, including non-medical care and room and board
shall be provided at no cost to the person or his/her parent(s) or legal
guardian(s).
Educational
Setting
The
school administration will place a handicapped/disabled person in the regular
educational environment within the school district unless the school district
demonstrates that the education of the handicapped/disabled person in the
regular environment with the use of supplementary aids and services cannot be achieved
satisfactorily. The administration will
consider the proximity of any alternative setting for handicapped/disabled
persons to the person’s home. The Board
will ensure that handicapped/disabled persons participate with non-handicapped/non-disabled
persons in such activities and services to the maximum extent appropriate to
the needs of the handicapped/disabled person in question.
Evaluation
And Placement
The
Board of Education establishes standards and procedures for the evaluation and
placement of pupils who, because of handicap/disability, need or are believed
to need special education or related services through Policy No. 2460 and
Regulations Nos. 2460 through 2460.14.
Individuals qualifying under §504 shall be evaluated using the following
procedures:
1. Tests
and other evaluation materials have been validated for the specific purpose for
which they are used and are administered by trained personnel;
2. Tests
and other evaluation materials include those tailored to assess specific areas
of educational need and not merely those which are designed to provide a single
general intelligence quotient; and
3. Tests
are selected and administered so as to best to 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 factor 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).
In
interpreting evaluation data and in making placement decisions, the school
district will:
1. Draw
upon information from a variety of sources, including aptitude and achievement
tests, teacher recommendations, physical condition, social or cultural
background, and adaptive behavior;
2. Establish
procedures to ensure that the information obtained from all such sources is
documented and carefully considered;
3. Ensure
that the placement decision is made by a group of persons, including persons
knowledgeable about the child, the meaning of the evaluation data and the
placement options; and
4. Ensure
that the placement decision is made in conformity with this regulation and the
Rehabilitation Act of 1973.
Timelines
for re-evaluations of pupils receiving a reasonable accommodation(s) will be
established by the District 504 Coordinator.
A re-evaluation may be requested by the parent(s) or legal guardian(s)
and/or the pupil at any time upon written request to the District Coordinator.
General
Information
The
Rehabilitation Act of 1973, commonly referred to as "Section 504", is
a non-discrimination statute enacted by the United States Congress. The purpose of the Act is to prohibit
discrimination and to assure that disabled students have educational
opportunities and benefits equal to those provided to non-disabled students.
An
eligible student under Section 504/ADA is a student who a) has, b) has a record
of having, or c) is regarded as having a physical or mental impairment which
substantially limits a major life activity such as learning, self-care,
walking, seeing, hearing, speaking, breathing, working, and performing manual
tasks.
Section
504 differs from special education in that it is a civil rights
(non-discrimination) law enforced by the Office of Civil Rights (
In
order to be designated as eligible for accommodations/modifications under
Section 504, a student must meet the following two criteria:
1. Have
a documented disability
2. This
disability must substantially limit a major life function.
Students
determined to be eligible for accommodation under Section 504 represent a broad
range of intellectual abilities and, as such, may be otherwise qualified to
participate in courses spanning the full spectrum of academic levels. However, implementation of appropriate
accommodations under Section 504, while intended to "level off the playing
field", does not guarantee that a student will achieve higher grades.
A
student may be referred by himself/herself, a parent, or any member of the
school staff. The following steps shall
be followed when a student has been referred by self and/or parent to the
committee as possibly being eligible for 504 designation
under the provisions of the Rehabilitation Act of 1973:
1. Upon
receipt of a request from a parent/student, the request will be forwarded
immediately to the Glen Ridge School District 504 Coordinator.
2. The
504 Coordinator will respond to the request in writing, in a timely manner,
providing the parent with an overview of the process, a copy of Parent and
Student Rights under Section 504, a Notice of Nondiscrimination, and the formal
Section 504 Identification Request Form.
3. When
the formal, signed request has been returned by the parent to the District
Coordinator, he/she will then initiate the process to evaluate the merits of
the request. Data will be collected from
a variety of sources to ensure a fair and equitable evaluation to determine if
there are characteristics and problems which substantially limit a major life
function (MLF) such as learning. Sources
may include:
a. Parental
input
b. Documentation
provided by the parent from a qualified professional
c. Teacher
input (checklist, samples of student work, anecdotal records, and examples of
accommodations which the teacher may already be using, etc.)
d. School
counselor input (standardized test scores, progress reports, report cards,
anecdotal records)
e. Classroom
observation by CST member, as needed
f. School
nurse input (vision, hearing, review of health records)
g. Other
school staff input (attendance, discipline, etc.)
4. Upon
collection of data, the Building Principal will convene the 504 Committee to
review the information. This committee
is composed of members from a variety of disciplines and includes a teacher,
supervisor (if appropriate), guidance counselor(s) (if appropriate), Child
Study Team member, and an administrator.
The committee may consider the following options:
a. The
student is eligible for Section 504 determination based on the data.
b. Additional
data are required before eligibility can be determined.
c. The
student is not eligible.
5. Once
determination of eligibility is made, the committee will develop a list of
recommended accommodations that may be used in the development of a student's
Individualized Accommodation Plan (IAP).
This plan is a legal document that specifies the accommodations
essential in providing the student with equal access to educational
opportunities. The classroom teacher is
legally responsible both personally and professionally, for implementing the
IAP. If the committee determines that
the student is not eligible, the parents will be notified of this fact along
with their right to appeal the decision.
6. The
parent/student will be notified in writing when a determination of eligibility
is made.
7. If
consensus cannot be reached in determining the accommodations to be included in
the IAP, the case will be resubmitted to the 504 Committee for further
evaluation. If agreement to the
accommodation still cannot be reached, the parents will be informed of their
right to appeal.
8. If
all parties agree on the provisions of the IAP, it will be signed by all in
attendance. Copies of the IAP will be
provided to the parent/student as well as to each of the student's
teachers. If it is determined that the
specifics of the IAP need to be clarified with the teachers, the IAP
facilitator will schedule a meeting with the student's teachers to accomplish
this within ten working days of the approval of the IAP.
9. The
IAP and the effectiveness of the accommodation(s) contained therein will be
formally reviewed on an annual basis.
The IAP facilitator will initiate the review. The facilitator along with the parents and
student will review the data collected. If
the accommodations need to be modified or redesigned, the case will be
resubmitted to the 504 Committee for review.
If no changes are necessary and the IAP will remain in place for the
following school year, the only action required will be for the student,
parent(s)/guardian(s), and facilitator to sign approval on the IAP.
10.
It is the intent of the 504 Committee to complete each case within forty-five
days of the receipt of the original referral.
While there is no legal timeline that must be followed, the Committee
believes that these cases should be handled in an expeditious manner. The Committee may extend the timeline as
needed to ensure the evaluation/eligibility process is completed in a thorough
manner.
Section
504 Accommodation Plan
The
District Coordinator based on the evaluation of the pupil eligible for services
under §504 shall prepare a Section 504 Accommodation Plan which contains at
least the following elements as related to the pupil:
1. Name.
2. Date
of Birth.
3. Current
grade placement.
4. Name
of the District Coordinator or designee preparing the Section 504 Accommodation
Plan.
5. Handicapping/Disabling
condition.
a. Major
life activity impaired.
b. Educational
impact.
c. Impact
on related educational progress.
6. Reasonable
accommodation (as appropriate).
a. Physical
and learning environment.
b. Instructional.
c. Behavioral.
7. Location
of the Accommodation
8. A
listing of individuals participating in the development of the plan, along with
their titles and the date(s) of their participation.
Procedural
Safeguards
The
school district will establish and implement, with respect to actions regarding
the identification, evaluation, or educational placement of persons who,
because of handicap/disability, need or are believed to need special education
or related services, a system of procedural safeguards that includes notice, an
opportunity for the parent(s) or legal guardian(s) of the person to examine
relevant records, an impartial hearing with opportunity for participation by
the person’s parent(s) or legal guardian(s) and representation by council, and
a review procedure. These procedural
safeguards shall be in accordance with N.J.A.C. 6A:14 et seq.
and Policy No. 2460 and Regulation 2460.6 and/or the grievance procedures
contained herein.
Grievance
Procedure - Pupils
This
grievance procedure shall apply to qualified handicapped/disabled persons who
are pupils with alleged discriminatory act(s) under the provisions of §504 of
the Rehabilitation Act of 1973 and/or the Americans with Disabilities Act.
Level
One
The
parent(s) or legal guardian(s) of a qualified handicapped/disabled pupil who
believe the pupil has a valid basis for a grievance under Section 504, or the
American Disabilities Act shall file an informal complaint in writing stating
the specific facts of his/her grievance and the alleged discriminatory act,
with the District Coordinator. The
District Coordinator shall make all reasonable efforts to resolve the matter
informally. The District Coordinator
shall investigate and document the complaint including the dates of meetings,
dispositions, and dates of dispositions, and if possible, resolve the
complaint. The District Coordinator will
provide a written reply to the complainant within seven working days.
Level
Two
If
the complainant is not satisfied with the District Coordinator's written reply,
the complainant may file a written formal complaint within fifteen calendar
days from the time the complainant received the written reply (Level One). To be considered the written complaint must
include the specifics of the alleged discriminatory act, the requested remedy
and be signed and dated by the complainant.
The District Coordinator will investigate all written complaints, and if
resolution cannot be agreed upon, the District Coordinator will submit a report
to the Superintendent of Schools and send a copy to the complainant.
The
Complainant may file a written request for an impartial hearing.
Level
Three
The
District Coordinator will appoint an impartial hearing officer. The parent(s), legal guardian(s), pupil, or
adult pupil shall be notified of the hearing prior to the scheduled date of the
meeting. The notice shall contain:
·
A
statement of time, place and nature of the hearing.
·
A
statement of the legal authority and jurisdiction under which the hearing is
being held.
·
A
statement of the matters asserted.
·
A
statement of the right to participate and be represented by counsel.
·
A
statement of the right to examine relevant records.
Notice
shall be written in English or in the primary language or mode of
communication.
The
hearing officer shall give the complainant opportunity to present relevant
information and outside expert testimony, and to question opposing
witnesses. The parent(s), legal
guardian(s), pupil, or adult pupil may, at their own expense, be assisted or
represented by individuals of their choice, including legal counsel.
The
hearing officer will render a decision within seven working days of the
hearing. The written decision will be
sent to both parties.
Level
Four
The
complainant may file a written appeal to the Board of Education if not
satisfied with the hearing officer's decision.
The Board, through the Superintendent, will review the decision of the
hearing officer, make an independent determination as to whether the grievance
should be upheld or denied, and provide a written disposition of the alleged
grievance.
Level
Five
The
complainant also has the right to file a complaint with the Regional Office of
Civil Rights.
Nonacademic
Services
The
Board of Education will provide non-academic and extracurricular services and
activities in such manner as is necessary to afford handicapped/disabled
students an equal opportunity for participation in such services and
activities. These services and
activities may include counseling services, physical recreational athletics,
transportation, health services, recreational activities, special interest
groups or school clubs, referrals to agencies which provide assistance to
handicapped/disabled persons, and employment to students, including both
employment by the school district and assistance in making available outside
employment.
The
Board of Education and administration will ensure that qualified
handicapped/disabled students are not counseled toward more restrictive career objectives
than are non-handicapped/non-disabled students with similar interests and
abilities. The Board will provide to
qualified handicapped/disabled students an equal opportunity for participation
in physical education courses, athletics, and similar programs and activities. The school district may offer separate
physical education and athletic activities to handicapped/disabled students
only if separate or differentiation is consistent with the requirements of the
Rehabilitation Act and no qualified handicapped/disabled person is denied the
opportunity to compete for teams or to participate in courses that are not
separate or different.
MISCELLANEOUS
Provisions
Applicable to All Grievance Procedures
1. If
the same or substantially the same grievance is made by more than one
individual, a single individual may process the grievance through the grievance
procedure on behalf of all aggrieved individuals. The names of all aggrieved individuals shall
appear on all documents related to the settlement of the grievance.
2. An
aggrieved individual may be represented or accompanied at any time by a person
chosen by the individual.
3. An
employee may use personal leave time when it becomes necessary to process a
grievance during work hours.
4. A
grievance that arises late in the school term will be submitted to an expedited
process in order that the grievance may be resolved as soon after the school
term as possible.
5. There
will be no reprisal of any kind taken against any aggrieved individual for
participation in a grievance.
6. All
documents, communications, and records regarding the processing of a grievance
will be filed in a separate file and will not be kept in the personnel or pupil
file.
Issued: 25 November 2002
Revised: