These guidelines shall be used to ensure that the Board of Education's Policy 2260 on nondiscrimination is

implemented properly and in compliance with Federal and State laws and regulations, particularly Part 104,

Subpart D Preschool, Elementary, Secondary Education of Section 504 of the Rehabilitation Act of 1973 (34 CFR)

and Section 118.13, Wisconsin Statutes. A copy of Part 104 is provided as AG 2260A. The District will follow the

complaint procedures under Section 118.13, Wisconsin Statutes, unless the complaint relates to the provisions of

a free appropriate public education (FAPE) under Part 104 of Section 504.

 

That policy states:

 

The Board of Education does not discriminate on the basis of any characteristic protected under State or Federal

law including, but not limited to, sex; race; religion; national origin; ancestry; creed; pregnancy; marital status;

parental status; sexual orientation; or physical, mental, emotional, or learning disability in its programs or

activities.

 

The following person(s) have been designated to handle inquiries regarding the nondiscrimination policies of the

District or to address any complaint of discrimination:

 

 

 

Notice of the Board's policy on nondiscrimination in educational practices shall be posted throughout the District,

published in any District statement regarding the availability of educational services, and in all student handbooks.

 

Under Section 504 of the Rehabilitation Act, the identification, evaluation, or educational placements of students

who need or are believed to need special instruction or related services, requires an additional system of

procedural safeguards to be afforded to parents including all of the following:

 

    A. Notice;

 

    B. An opportunity for parents or guardians to examine relevant records;

 

    C. An opportunity for an impartial hearing with participation by the student’s parents or guardian and

        representation by counsel;

 

    D. A review procedure.

 

Use of the IDEA procedural safeguards meets these requirements under Section 504 of the Rehabilitation Act and

34 CFR Sec. 104.36.

 

Children who have been diagnosed as having a disability and who, through a multi-factored evaluation, qualify for

special education and related services under IDEA will be served under the existing State Special Education laws.

Section 504 protects all students with a mental or physical impairment which is defined as follows:

 

    A. Substantially limits one (1) or more major life activities, or

 

    B. Has a record of such an impairment, or

 

    C. Is regarded as having such an impairment.

 

The District will identify, evaluate, and provide a free appropriate public education (FAPE) for students who are

determined to have an eligible disability under Section 504.

 

 

The educational program of this District shall be accessible to all students.

 

Licensed/certified services dogs for students who require this type of assistance, as determined by the IEP or

Section 504 team, shall be permitted access to all facilities, programs, and events of the District as required to

deliver FAPE and provide equal access. The student must provide evidence of the dog's certification as required by

State and Federal law for that purpose. If the dog is still in training, proof of liability insurance policy must be

provided, and access by the dog permitted if appropriate under State law. Under State law no District may refuse

entrance to dogs leading individuals who are deaf, blind and mobility-impaired if:

 

    A. Such dog is wearing a harness, leash and special cape identifying the "lead dog" status;

 

    B. The person has presented for inspection credentials issued by a school training dogs for the blind, deaf, or

        mobility-impaired. See Wisconsin Statute 174.056.

 

In that event, the District will provide appropriate access through other methods.

 

 

The educational program may include academic and nonacademic setting(s). Each qualified, student determined

to be a student with a disability which requires special education or related services shall be educated with the

nondisabled student(s) to the maximum extent appropriate. In the nonacademic setting(s), student(s) with disabilities shall be allowed access to participate in extracurricular activities with nondisabled students to the

maximum extent appropriate given the needs of the individual disabled student.

 

Each principal shall ensure that the procedures used with students and parents for selection of and participation in

any part of the District's academic, co-curricular, or extra-curricular program do not discriminate on the basis of

any characteristic protected under State or Federal law, including disability. (See AG 2411 - Guidance and

Counseling).

 

 

If the referring person and the Director of Student Services have reason to believe that the student needs special

education or related services including modifications, accommodations or regular education interventions in order

to be provided access to the District's programs, the Director of Student Services shall notify the parent. If the

referring person and the Director of Student Services suspect that the student is eligible for services through IDEA,

the procedures for identification, evaluation, and placement must be followed. If the IDEA evaluation team

determines the child is ineligible under IDEA, the team shall determine the student's eligibility for services under

Section 504. If s/he is eligible, a 504 plan shall be developed.

 

 

Prior to evaluation, the Director of Student Services shall notify the parent and obtain written consent of the parent.

 

At the time of notification of the parent to obtain consent for the evaluation, the Director of Student Services shall

provide the parent an explanation of the rights of the parent and the student under 504.  The Section 504 evaluation

is to be tailored to the suspected or known disability and how that disability impacts on the student's ability to

function in the school setting. A full multi-factored evaluation may not be required, but the evaluation shall draw

upon information from a variety of sources including those who have detailed knowledge about the student and

his/her condition. Each person providing evaluative information shall assure that the information is documented.

 

The Director of Student Services shall schedule a meeting of the group of persons knowledgeable about the

student which shall review the evaluation data and determine if the student has a disability within the meaning of

Section 504 (see page 1). The parents will be notified of the meeting and be invited to attend the meeting.

 

 

If the team determines that the student has a qualifying disability under 504, it will determine what regular or

special education or related services the student may need and develop a student 504 plan. Parents are to be

invited to participate in the development of the plan. Parents are to be notified of the content of the plan and

provided a copy of the plan.

 

If the 504 team determines that the student does not qualify under 504, it shall document the decision, provide the

basis of the decision, and state that the student may be served appropriately, receive FAPE, in the regular

education setting without related services or special interventions. Following the 504 team meeting, the parent is to

be notified of the team's decision.

 

The Director of Student Services or designee is to ensure that the evaluation and placement process be completed

in a reasonably timely manner and in compliance with the procedural safeguards. Compliance with the timelines

under the IDEA is compliance with 504. 

 

 

Because of the least-restrictive environment requirements, the principal should review all of AG 2260A and then

work with the teacher(s) involved to make sure s/he (each):

 

    A. Recognizes the requirements of the law and the relationship between the evaluation of the student and

        his/her instruction;

 

    B. Has made appropriate accommodation in the instructional program and/or classroom environment as

        provided in the student's 504 accommodation plan. Such accommodations may include but are not limited to:

 

        1. Preparation of alternate lesson plans;

 

        2. Modification of schedules;

 

        3. Rearrangement of the students;

 

        4. Reorganization of the classroom;

 

        5. Guidance of the student on appropriate behaviors;

 

        6. Frequency and type of communication with parents;

 

        7. Alternate methods of instruction;

 

        8. Alternate methods of assessment.

 

    C. Is familiar with and follows the student's 504 accommodation plan.

 

 

Within one (1) school year following implementation of a student accommodation plan, the student's 504 team is to

review the student's progress and determine if further intervention or a modification in the plan is needed.

 

 

The disciplinary process described in Policy 2461 should be used in all situations in which a student with a 504

disability may be subject to suspension, expulsion, or exclusion.

 

 

Section 504 allows schools to take disciplinary action against students with disabilities using drugs or alcohol to

the same extent as students without disabilities. If a principal suspects a disabling condition which would qualify

the student for services under Section 504, the referral procedure should be followed. However, the evaluation may

be conducted in an expedited manner if the student is subject to discipline.

 

 

All complaints should be handled in accordance with the procedure described in AG 2260B. Under Section 504, a

parent may request an "impartial hearing." In that event the District will follow the Due Process Procedures set

forth below. Parents may also file a complaint with the Office for Civil Rights related to identification, evaluation or

the provision of FAPE under Section 504.

 

 

 

 

The due process hearing is an administrative hearing held to resolve disagreements between the parent or guardian

and the District. The District is required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for parents to review relevant

records, an impartial hearing with opportunity for participation by the student’s parent or guardian, representation

by counsel and a review procedure. The parent or guardian has the right to request a due process hearing

regarding the District’s proposal to or refusal to identify, evaluate, educationally place, or deliver services in any

aspect to a student pursuant to the Section 504 regulations. In addition, the District may request a due process

hearing to obtain parental consent of an initial evaluation, prove that the District’s evaluation was appropriate, and

secure parental consent for initial special educational placement. Finally, the District is required to request a due

process hearing when a parent or guardian refuses to provide written consent for a re-evaluation and to move a

student to an interim alternative educational setting for up to forty-five (45) days for behavior believed to be

dangerous to the student or to others.

 

 

    A. If a parent or guardian requests a due process hearing, the request will be forwarded to the Director of Pupil

        Services.

 

    B. The Director will acknowledge the request in writing within five (5) school days and request the parent to

        complete a written request, if not already provided, which includes the following information:

 

        1. Name of the parties requesting the hearing

 

        2. Relationship to the child

 

        3. Address of parties requesting the hearing

 

        4. Name of the child

 

        5. Address of the child

 

        6. School district of the child’s residence

 

        7. School district where child is attending

 

        8. Description of the nature of the problem the child is experiencing related to the action proposed, including

            facts relating to the problem and the specific reasons for requesting a hearing

 

        9. Description of the proposed resolution of the problem (to the extent known and available to the parent(s)

 

    C. The Director will forward the information provided by the parent or guardian to a neutral third party hearing

        officer knowledgeable in the Section 504 regulations and request that the hearing officer schedule a pre-

        hearing conference within five (5) school days of the request for purposes of scheduling a due process

        hearing.

 

    D. The hearing officer will comply with the due process procedures under Federal law (IDEA where Section 504

        is silent), and utilize the due process procedures set forth under Chapter 115, Wisconsin Statutes.

 

Approved/Adopted:  July 13, 2009