§504 PROCEDURES

I. EMPLOYMENT.

A. General.

1. No qualified person shall, on the basis of handicap, be subject to discrimination in employment in any District program or activity.

2. As a recipient of assistance under the Individuals with Disabilities Education Act (IDEA) the Board shall take positive steps to employ and advance in employment qualified handicapped persons in programs assisted under that Act.

B. Recruiting and Hiring. No candidate for employment shall be required to answer a question regarding a handicapping condition and no such candidate will be discriminated against on the basis of a handicapping condition that is not directly related to the essential functions of the position for which he/she has applied. However, this stipulation does not constrain the need to ensure that an applicant is not afflicted with a currently-contagious disease or infection which would constitute a direct threat to staff and students nor to determining if an applicant is an alcoholic or abuser of drugs whose current use would prevent the applicant from performing the essential functions of the position or would constitute a direct threat to property or the safety of others.

C. Reasonable Accommodation.

1. The Board will make reasonable accommodations to known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the accommodation would impose an undue hardship on the operation of its program.

2. The Board will include notice of reasonable accommodation requirements on District employment application forms, and will post notices that employee reasonable accommodation Request forms may be obtained from the §504 coordinator (Form A).

II. FACILITIES.

A. The programs and activities of this District shall be accessible and usable by individuals with handicaps. This includes, but is not limited to, accommodations to handicapped parents desiring to access the student's educational program or meetings pertinent thereto. Programs and activities need to be designed and scheduled so the location or nature of the facility or area will not deny a handicapped student the opportunity to participate on the same basis as a non-handicapped student. This includes not only academic programs but all extracurricular programs, including athletics.

III. IDENTIFICATION AND REFERRAL PROCEDURES.

A. Students who are in need or are believed to be in need of services under §504 may be referred for evaluation by a parent, teacher, other certificated school employee, community agency, or by self-referral.

B. The District will consider the referral and based upon a review of the student's existing records, including academic, social, testing, and behavioral records, determine as to whether an evaluation under this procedure is appropriate. Any student who, because of a handicap needs, or is believed to need special education or related services will be evaluated. If a request for evaluation is denied, the District will inform the parents or guardian of this decision and of procedural rights as described in Section VI.

IV. EVALUATION.

A. The evaluation shall:

1. Determine eligibility for services as a "handicapped" person under §504; and

2. Establish the services needed by the student.

B. The evaluation procedures to be followed may, but need not be, all those evaluation procedures which are followed for evaluating handicapped students who are suspected as handicapped under P.L. 94-142, the Individuals with Disabilities Education Act (IDEA). However, the District's §504 evaluation procedures must ensure that:

1. Tests and other evaluation material have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer;

2. Tests and the 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 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 tests purport to measure).

C. No final determination of whether the student is a handicapped individual within the meaning of §504 will be made by the District without informing the parent or guardian of the student concerning such proposed determination. Procedural safeguards as defined under Section VI will be given to the parents/ guardian.

D. With regard to a student who is determined to be "handicapped" under §504 of the Rehabilitation Act of 1973, but who is not determined to be "handicapped" under IDEA, the District shall conduct a reevaluation of the student:

1. Prior to any significant change in placement,

2. More frequently if conditions warrant,

3. If the student's parent or teachers reasonably request an evaluation.

V. PLACEMENT.

For students who have been identified as handicapped within the meaning of §504 and in need of special education or related aids or services, the District shall determine what special services are needed to ensure that the student receives a free, appropriate education.

A. In interpreting evaluation data and in making educational decisions, the District shall:

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. Ensure that all evaluation data is documented and carefully considered;

3. Ensure that decisions are 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 student is educated with non-handicapped students to the maximum extent appropriate to meet the student's individual needs.

B. If the District determines that the student is eligible for special education and related services under both the IDEA and §504 of the Rehabilitation Act of 1973, those services shall be delivered pursuant to an Individualized Education Program developed pursuant to the IEPC procedures of the IDEA.

C. If the District determines that the student is "handicapped" under §504 of the Rehabilitation Act of 1973, but does not also meet the definition of "handicapped" under IDEA, the District will determine through a §504 committee meeting whether the student requires services or modifications to his/her regular education program to allow the student's education needs to be met as adequately as the educational needs of non-handicapped students are met. The services or modifications recommended should be listed in writing in a §504 Educational Program Plan (Form B) but not in an IEP.

D. The District may also determine that no special education or related services are appropriate. If so, the record of the District proceedings will reflect the identification of the student as handicapped under §504 and state the basis for the decision that no special services are presently needed.

VI. PROCEDURAL SAFEGUARDS.

With respect to actions regarding the identification, evaluation, or educational placement of a person who, because of handicap, needs or is believed to need special instruction or related services the following procedural safeguards shall be afforded:

A. Notice (written or oral) of any decision regarding the identification, evaluation, or educational placement of the student.

B. An opportunity for the parents or guardian of the student to examine relevant educational records.

C. An impartial hearing with the opportunity for participation by the student's parents or guardian and representation by counsel.

D. Request for a §504 hearing must be made to the District §504 Coordinator, [insert name of §504 coordinator] within 10 calendar days after receipt of the notice of the right to file. In each case for which a hearing has been requested, the District will designate a hearing officer from the Michigan Department of Education Hearing Officer listing who is willing to conduct §504 hearings. The §504 Hearing Officer shall render a decision in writing to the District and parents or guardian.

E. Within ten (10) calendar days after receipt of the hearing officer's decision, either party may appeal the decision by giving written notice of the appeal to the other party and requesting the Michigan Department of Education to appoint a state level review officer from the pool of those state level review officers who have a knowledge of §504 requirements and are willing to serve as §504 hearing officers.

F. Any party aggrieved by the decision of the state level review officer shall have the right to bring a civil action with respect to said decision in any court of competent jurisdiction.

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