2260 - NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY
These guidelines shall be used to ensure that the School Board’s Policy 2260 on nondiscrimination is implemented properly and in compliance with Federal and State laws and regulations, particularly Part 104 of Section 504 of the Rehabilitation Act of 1973 (34 CFR). A copy of Part 104 is provided as AG 2260A.
That policy states that the Board does not discriminate on the basis of religion, race, color, national origin, sex, disability, or age in its programs and activities, or employment.
The following person(s) have been designated to handle inquiries regarding the non-discrimination policies of the Corporation or to address any complaint of discrimination:
Chief Human Resources Officer
New Albany Floyd County Consolidated School Corporation
2813 Grant Line Road
New Albany, IN 47150
812-542-2118
Director or Student Programs and Cultural Responsiveness
New Albany Floyd County Consolidated School Corporation
2813 Grant Line Road
New Albany, IN 47150
(812) 542-2100
Notice of the Board’s policy on nondiscrimination in educational practices shall be posted throughout the Corporation, published in any Corporation statement regarding the availability of educational services, and in all student handbooks.
Children who have been diagnosed as having a disability and who, through a multi-factored evaluation, qualify for categorical services under IDEA will be served under the existing State Special Education regulations. Section 504 protects and safeguards all students with a mental or physical impairment which is defined as substantially limiting one (1) or more major life activities, or:
the student has a record of such an impairment.
the student is regarded as having such an impairment.
The Corporation will identify, evaluate, and provide an appropriate education for students who are disabled under Section 504.
FACILITIES
The educational program of this Corporation shall be accessible to all students. All programs need to be designed and scheduled so the location or nature of the facility or area will not deny an otherwise qualified disabled student the opportunity to participate in the academic or other school programs on the same basis as a nondisabled student.
Guide dogs for students who require this type of assistance shall be permitted access to all facilities, programs, and events of the Corporation. The student must provide evidence of the dog’s certification for that purpose. If the dog is still in training, proof of a liability insurance policy must be provided.
PROGRAM
The educational program includes the academic and nonacademic settings. Each qualified, disabled student shall be educated with the nondisabled student to the maximum extent appropriate. In the nonacademic setting, the disabled student shall participate with the nondisabled students to the maximum extent appropriate to the needs of the disabled student.
Each principal shall ensure that the procedures used with students and parents for selection of and participation in any part of the Corporation’s academic, co-curricular, or extra-curricular program do not discriminate on the basis of race, color, national origin, gender, age, or disability.
Identification and Evaluation
Sec. 1. (a) The public agency shall establish, maintain, and implement written procedures that ensure the location, identification, and evaluation of all students three (3) years of age, but less than twenty-two (22) years of age, who are in need of special education and related services, regardless of the severity of their disabilities, including students who:
(1) have legal settlement within the jurisdiction of the public agency;
(2) attend a nonpublic school, are served by an agency, or live in an institution located within the jurisdiction of the public agency;
(3) are homeless students as defined at 511 IAC 7-32-46
(4) are wards of the state;
(5) are highly mobile students, including migrant students; and
(6) are suspected of being students with disabilities in need of special education even though they are advancing from grade to grade.
(b) A charter school that is not part of a public school corporation shall establish, maintain, and implement written procedures that ensure the location, identification, and evaluation of all students attending the charter school who are in need of special education and related services, regardless of the severity of their disabilities.
(c) Public agencies, and charter schools that are not part of public school corporations, must develop and implement a practical method to determine which students are currently receiving needed special education and related services.
Evaluation/Placement
Prior to evaluation, the LEA shall notify the parent and obtain the written consent of the parent.
At the time of notification of the parent to obtain consent for the evaluation, the LEA 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 LEA shall schedule a meeting of the group of persons knowledgeable about the student which shall review the evaluation data and determine if the student is disabled 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 is disabled under 504, it will determine what reasonable accommodation or related services the student may need and develop a 504 student-accommodation plan (see Form 2260 F3).
Parents are to be invited to participate in the development of the plan.
If the 504 team determines that the student is not disabled under 504, it shall document the decision, provide the basis of the decision, and state that the student may be served appropriately 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 LEA is to ensure that the evaluation and placement process be completed in a reasonably timely manner and in compliance with the procedural safeguards described in Form 2260 F6-Section 504 Procedural Safeguards.
INSTRUCTION
Because of the least-restrictive, environment requirements, the 504 Coordinator should ensure each member of the committee:
recognizes the requirements of the law and the relationship between the evaluation of the student and his/her instruction;
understands the needs of the students which should be met through appropriate instruction.
Evaluation/Change in Placement
Within one (1) school year following the 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.
DISCIPLINE
The disciplinary process described in Indiana Article 7 should be used in all situations in which a 504-disabled student may be subject to suspension, expulsion, or exclusion. Since expulsion or cumulative forms of suspension may constitute a change in placement, the evaluation procedures must be followed.
COMPLAINTS
All complaints should be handled in accordance with the procedure described in the Parent/Student Rights.
Revised 7/10/09
Revised 2/15/17
Revised 3/23/20
Revised 6/22/22