6164.6 – Instruction – Individual Services and Diagnostic Counseling – Identification and Education under Section 504

Policy – x
Regulation –
Exhibit –

Adopted – 3/5/1998
Revised – 4/18/2013
The Pacific Grove Unified School District endorses the purpose of the Rehabilitation Act of 1973, Section 504, which prohibits discrimination and assures that disabled students have educational opportunities and benefits equal to those provided to non-disabled students. It is the Board’s policy that no otherwise qualified disabled person shall, on the basis of the disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination by the District.

The Superintendent shall designate at least one person to coordinate the District’s efforts to comply with Section 504. The Superintendent shall also promulgate grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of any complaint alleging discrimination prohibited by Section 504.

The Superintendent shall prepare and distribute to parents, guardians, and students notice that the District does not discriminate in admission or access to its programs and activities. The notification shall identify the person or position designated by the District to coordinate compliance with Section 504.

The Board of Trustees acknowledges the need to identify and evaluate students with disabilities in order to provide them with appropriate educational opportunities. The Superintendent or designee shall establish procedures whereby parents/guardians or staff may request evaluation for any student to determine eligibility.

To determine eligibility, a Section 504 Team composed of knowledgeable professionals, and including the student’s parents, shall meet to review information from the evaluation. The evaluation may include, but is not limited to, classroom and playground observation, performance-based testing, academic assessment information, health information, and data offered by parents. Parents are not required to attend.

If the student is determined to be eligible under Section 504, the 504 Team shall develop a written Section 504 plan for the student. The plan shall specify the accommodations that will be provided in the regular or special education program in order to ensure the student a free, appropriate education. It shall include a schedule for periodic review of the student’s needs and indicate that this review may occur sooner at the request of the parents or school staff.
A copy of this plan will be given to the parents and to all staff who work with the student in the school setting.

If the committee determines that the student is not eligible for services under Section 504 or that no modification of educational services is needed, the parents shall receive a record of the proceedings stating the basis for the decision. Parents shall also receive a copy of the procedural safeguards guaranteed under the Code of Federal Regulations, Title 34, Part 104.36

LEGAL REFERENCES:
UNITED STATES CODE, TITLE 20 1242g Family Education Rights and Privacy Act of
1974, 1400, et seq., Individuals with Disabilities Education Act
UNITED STATES CODE, TITLE 29
701, et, Seq., Rehabilitation Act of 1973
794 Rehabilitation Act of 1973, Section 504
CODE OF FEDERAL REGULATIONS, TITLE 34
104.10-104.6 Nondiscrimination on the Basis of Disability
104.10 Purpose to Effectuate Section 504 of the Rehabilitation Act of 1973
104.30 Definitions
104.32 Location and Notification
104.33 Free Appropriate Public Education
104.34 Education Setting
104.35 Evaluations and Placement
104.36 Procedural Safeguards
CSBA Date –

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