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Section 504 of the Rehabilitation Act of 1973 Las Cruces Public Schools Technical Assistance Training 2010-2010 Department of Learning, Teaching and Research.

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Presentation on theme: "Section 504 of the Rehabilitation Act of 1973 Las Cruces Public Schools Technical Assistance Training 2010-2010 Department of Learning, Teaching and Research."— Presentation transcript:

1 Section 504 of the Rehabilitation Act of 1973 Las Cruces Public Schools Technical Assistance Training 2010-2010 Department of Learning, Teaching and Research

2 Section 504 of the Rehabilitation Act of 1973 29 U.S.C. Sec. 706 (8) “ No qualified individual with a disability shall, solely on the basis of his or her disability, be denied participation in, be denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.”

3 Las Cruces Public Schools Policy JBB Definition Section 504 of the Rehabilitation Act of 1973 ensures that no qualified handicapped student shall, on the basis of disability, be excluded from participation in or be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the district. A student is considered disabled if he/she suffers from a physical or mental impairment that substantially limits one or more of their major life activities, such as learning, walking, seeing, hearing, breathing, working, performing manual tasks, reading, concentrating, thinking, communicating, helping, eating, sleeping, standing, lifting, bending, or operation of a bodily function

4 Las Cruces Public Schools Policy JBB Position The school district acknowledges responsibility under Section 504 to avoid discrimination in policies and practices regarding students. No unlawful discrimination against any student with a disability shall knowingly be permitted in any program of practice in the School District. This policy extends to all aspects of the School District’s educational program, as well as to the use of all School District facilities, and participation in all School District sponsored activities, including extracurricular activities and athletics.

5 Las Cruces Public Schools Policy JBB -RA Definition of qualified student with a disability. Has a physical or mental impairment which substantially limits one or more major life activity Has a record of such an impairment;or Is regarded by Las Cruces Public Schools as having such an impairment.

6 Las Cruces Public Schools Policy JBB- RA Definition of major life activity The term includes such functions as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, reading, concentrating, thinking, communicating, helping, eating, sleeping, standing, lifting, bending or operation of a bodily function.

7 Las Cruces Public Schools Policy JBB-RA Definition of substantially limits The term means significantly restricted as to the condition, manner, or duration under which a student can perform a particular life activity as compared to the average non-disabled student (peer) in the general population.

8 Las Cruces Public Schools Policy JBB-RA Monitoring A Section 504 Coordinator (Compliance Officer) is responsible for coordinating efforts to ensure that the district comply and implements its responsibilities under Section 504. Each school site will be assigned a 504 case manager at the beginning of each school year. Professional Development will be provided to Section 504 case managers each school year.

9 Las Cruces Public Schools Policy JBB- RA Free and Appropriate Education The district will provide a free appropriate public education to each qualified student with a disability. Students with disabilities will be educated with students who do not have disabilities to the maximum extent appropriate to the student needs in academic and non- academic settings.

10 Las Cruces Public Schools Policy JBB- RA Location and Notification The district will publish and implement a Child Find process to identify students who may be eligible under Section 504. A nondiscrimination notice will be published annually in designated publications and on the district’s website. The SAT teams will be provided a technical assistance manual.

11 Las Cruces Public Schools Policy JBB- RA Identification and Evaluation A Parent/Guardian or any district staff with reason to believe that a student may have a Section 504 disability shall promptly make a referral to the Student Assistance Team (SAT) at the school or district office. The SAT must include persons knowledgeable about the student, the meaning of evaluation data, and placement options to implement accommodations. The SAT determines whether the student is a qualified student with a disability under Section 504 by ascertaining: a) Whether the student has a physical or mental disability and, if so, b) Whether the disability substantially limits a major life activity.

12 Las Cruces Public Schools Policy JBB-RA Identification and Evaluation continued.. Assessing the needs of a qualified student with a disability, the SAT will review various sources of information, including, but not limited to: a) Aptitude and achievement tests; b) Report cards and teacher reports; c) Oral or written observations; d) Student educational and health records: e) Evaluations of adaptive behavior; f) Medical, psychological, and developmental reports; g) Results of a Multidisciplinary Team decision (Special Education), if appropriate; h) Input from parents.

13 Las Cruces Public Schools Policy JBB-RA Identification and Evaluation continued.. If the SAT determines further assessment is needed, the SAT will notify the parent/guardian and seek parental written consent for testing. Evaluations will be provided by the district. A student will be reevaluated at least annually or before any significant change in the student’s placement, as determined by the SAT. This change of placement includes long-term suspension, recommendation for expulsion, or the student is suspected of no longer meeting eligibility under Section 504.

14 Las Cruces Public Schools Policy JBB-RA Section 504 Plans The SAT develops the Section 504 plan for a qualified student with a disability.The plan will include: a) Program modifications b) Instructional approaches c) Supplemental aids and services The SAT will designate a case manager to coordinate the implementation of the plan and notify all staff who provide services to the student. The Section 504 case manager will provide annually, the district Section 504 Coordinator (Compliance Officer) a copy of the all Section 504 Plans in the school site. The Section 504 Coordinator will be notified when a student moves from the building or no longer meets eligibility under Section 504.

15 Las Cruces Public Schools Policy JBB-RA Records All documents related to Section 504 will be kept in a confidential file at the school site. A reference to the existence of this record should be placed in the student’s cumulative file. A list of all students with a Section 504 Plan shall be maintained by the site 504 case manager. When a student exits a school site, the Section 504 Plan will be sent to the District Section 504 coordinator.

16 Las Cruces Public Schools Policy JBB-RA Procedural Safeguards Parent/Guardian of a eligible student will be provided a copy in writing of Las Cruces Public Schools Procedural Safeguards by district staff. These safeguards include: a) Written notice with respect to identification, evaluation, reevaluation, or placement decisions regarding the student. b) The right to have identification, evaluation, and placement decisions made based upon information from a variety of sources and by persons knowledgeable about the needs of the student, the meaning of evaluation data, and placement options.

17 Las Cruces Public Schools Policy JBB-RA Procedural Safeguards Continued… c) An opportunity to examine the student’s educational records and obtain a copy of those records pursuant to law. d) The right to seek resolution of issues if dissatisfied with any decision regarding the identification, evaluation and placement of student. e) Request in writing a review of the decision by the district’s Section 504 Coordinator. (Compliance Officer) f) If a resolve of the dispute is not reached, a review will be conducted by the Associate Superintendent of Instruction and a decision will be rendered in writing within (10) school days from the referral. The decision of the Associate Superintendent of Instruction will be final and the final resolution of the matter for the School District.

18 Las Cruces Public Schools Policy JBB-RA Procedural Safeguards Continued… g) A parent may request a hearing by an impartial hearing officer by contacting the Section 504 Coordinator (Compliance Officer). The parent may be represented by counsel. A decision of the impartial hearing office can be appealed to the Superintendent by contacting the Section 504 Coordinator (Compliance Officer) in writing within (5) school days of the hearing officer’s decision. The decision of the Superintendent shall be final and the final resolution of the matter for the School District. h) The parent/guardian has the right to file a complaint within 180 days of an alleged discrimination act with the Office of Civil Rights (OCR) of the United States Department of Education if the parent/guardian of the eligible student believes that the student has been discriminated against on the basis of a disability in violation of Section 504.

19 Las Cruces Public Schools Policy JBB-RA Suspension Prior to suspension amounting to more than ten (10) school days per year (consecutive or cumulative), or expulsion, the SAT must determine whether the student’s behavior is related to or a manifestation of his/her disability. The 504 site case manager is responsible for maintaining records regarding suspensions.

20 General Education Section 504 is general education responsibility Section 504 funding is not provided by the State or Federal governments. Funds for accommodations are provided by the school.

21 Implementation of Section 504 Plans The school’s staff make the necessary accommodations as per the provisions of the Section 504 accommodation plan Just like an IEP, the school’s staff must implement the provisions of a Section 504 plan when those plans govern the staff’s treatment of students for whom they are responsible. Failure by a staff member to implement the provisions of a Section 504 plan can cause the district to be in non compliance with section 504 regulations.


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