Adoption Date: 7/19/1994, Revised: 7/29/1997; 6/20/00; 4/26/16; 1/21/2020
7000 - STUDENTS
STUDENTS WITH DISABILITIES
7621 SECTION 504 OF THE REHABILITATION ACT OF 1973
The
Board of Education affirms its compliance with those sections of the
Rehabilitation Act of 1973 dealing with program accessibility.
Section
504 of the Rehabilitation Act prohibits discrimination against
qualified individuals with disabilities in federally assisted programs
or activities solely on the basis of disability. The District shall make
its program and facilities accessible to all its students with
disabilities.
The District shall also identify, evaluate and
extend to every qualified student with a disability under Section 504 a
free, appropriate public education, including modifications,
accommodations, specialized instruction or related aids and services, as
deemed necessary to meet their educational needs as adequately as the
needs of non-disabled students are met.
The District official
responsible for coordination of activities relating to compliance with
Section 504 is the Assistant to the Superintendent for Inclusive Education. This official shall
provide information, including complaint procedures, to any person who
feels his/her rights under Section 504 have been violated by the
District or its officials.
Prohibition Against Disability-Based Discrimination in Accelerated Programs
The
practice of denying, on the basis of disability, a qualified student
with a disability the opportunity to participate in an accelerated
program violates both Section 504 and Title II. A school district may
not impose or apply eligibility criteria that screens out or tends to
screen out a student with a disability from fully and equally enjoying
any service, program, or activity, unless such criteria can be shown to
be necessary.
It is also unlawful to deny a student with a
disability admission to an accelerated class or program solely because
of his/her need for special education or related aids or services (i.e.,
related services, supplementary aids and services, program modification
and supports for school personnel) or because the student has an
Individualized Education Program (IEP) or a plan under Section 504.
Schools
may employ appropriate eligibility requirements or criteria in
determining whether to admit students, including students with
disabilities, into accelerated classes or programs. Additionally,
nothing in Section 504 or Title II requires schools to admit into
accelerated classes or programs students with disabilities who would not
otherwise be qualified for these classes or programs.
Policy References:
Section 504 of the Rehabilitation Act of 1973,
29 United States Code (USC) Section 794 et seq.