2260A - FEDERAL REGULATIONS FOR SECTION 504
SUBPART D - PRESCHOOL, ELEMENTARY, AND SECONDARY EDUCATION
104.31 Application of this subpart
Subpart D applies to preschool, elementary, secondary, and adult education programs and activities that receive or benefit from Federal financial assistance and to recipients that operate, or that receive or benefit from Federal financial assistance for the operation of such programs or activities.
104.32 Location and Notification
A recipient that operates a public elementary or secondary education program shall annually:
a) undertake to identify and locate every qualified handicapped person residing in the recipient's jurisdiction who is not receiving a public education; and
b) take appropriate steps to notify handicapped persons and their parents or guardians of the recipient's duty to this subpart.
104.33 Free Appropriate Public Education
Who is Entitled to FAPE?
All qualified persons with disabilities within the jurisdiction of a school district are entitled to a free appropriate public education. The ED Section 504 regulation defines a person with a disability as "any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment." 3
For elementary and secondary education programs, a qualified person with a disability is a person with a disability who is:
of an age during which it is mandatory under State law to provide such services to persons with disabilities;
of an age during which persons without disabilities are provided such services; or
a person for whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (IDEA).
In general, all school-age children who are individuals with disabilities as defined by Section 504 and IDEA are entitled to FAPE.
How is an Appropriate Education Defined?
An appropriate education may comprise education in regular classes, education in regular classes with the use of related aids and services, or special education and related services in separate classrooms for all or portions of the school day. Special education may include specially designed instruction in classrooms, at home, or in private or public institutions, and may be accompanied by related services such as speech therapy, occupational and physical therapy, psychological counseling, and medical diagnostic services necessary to the child's education.
An appropriate education will include:
education services designed to meet the individual education needs of students with disabilities as adequately as the needs of nondisabled students are met;
the education of each student with a disability with nondisabled students, to the maximum extent appropriate to the needs of the student with a disability;
evaluation and placement procedures established to guard against misclassification or inappropriate placement of students, and a periodic reevaluation of students who have been provided special education or related services; and
establishment of due process procedures that enable parents and guardians to receive required notices, review their child's records, and challenge identification, evaluation and placement decisions, and that provide for an impartial hearing with the opportunity for participation by parents and representation by counsel, and a review procedure.
Education Services Must Meet Individual Needs
To be appropriate, education programs for students with disabilities must be designed to meet their individual needs to the same extent that the needs of nondisabled students are met. An appropriate education may include regular or special education and related aids and services to accommodate the unique needs of individuals with disabilities.
One way for ensuring that programs meet individual needs is through the development of an individualized education program (IEP) for each student with a disability. IEPs are required for students participating in the special education programs of recipients of funding under the IDEA.
The quality of education services provided to students with disabilities must equal the quality of services provided to nondisabled students. Teachers of students with disabilities must be trained in the instruction of individuals with disabilities. Facilities must be comparable, and appropriate materials and equipment must be available.
Students with disabilities may not be excluded from participating in nonacademic services and extracurricular activities on the basis of disability. Persons with disabilities must be provided an opportunity to participate in nonacademic services that is equal to that provided to persons without disabilities. These services may include physical education and recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school, and referrals to agencies that provide assistance to persons with disabilities and employment of students.
Students with Disabilities Must Be Educated with Nondisabled Students
Students with disabilities and students without disabilities must be placed in the same setting, to the maximum extent appropriate to the education needs of the students with disabilities. A recipient of ED funds must place a person with a disability in the regular education environment, unless it is demonstrated by the recipient that the student's needs cannot be met satisfactorily with the use of supplementary aids and services. Students with disabilities must participate with nondisabled students in both academic and nonacademic services, including meals, recess, and physical education, to the maximum extent appropriate to their individual needs.
As necessary, specific related aids and services must be provided for students with disabilities to ensure an appropriate education setting. Supplementary aids may include interpreters for students who are deaf, readers for students who are blind, and equipment to make physical accommodations for students with mobility impairments.
A recipient of ED funds that places an individual with disabilities in another school is responsible for taking into account the proximity of the other school to the student's home. If a recipient operates a facility for persons with disabilities, the facility and associated activities must be comparable to other facilities, services, and activities of the recipient.
104.35 Evaluation and Placement Decisions Must be Made in Accord with Appropriate Procedures
(a) Evaluation Procedures
A recipient to which this subpart applies shall establish standards and procedures for the evaluation and placement of persons who, because of handicap, need or are believed to need special education or related services which ensure that:
(1) Tests and other evaluation materials have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance by their producer;
(2) Tests and other evaluation materials included are tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient;
(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 test purports to measure).
(b) Placement Procedures
In interpreting evaluation data and in making placement decisions, a recipient 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) establish procedures to ensure that information obtained from all such sources is documented and carefully considered, (3) ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of evaluation data, and the placement options, and (4) ensure that the placement decision is made in conformity with 104.34.
(c) Reevaluation
A recipient to which this section applies shall establish procedures, in accordance with paragraph (b) of this section, for periodic reevaluation of students who have been provided special education and related services. A reevaluation procedure consistent with the Education for the Handicapped Act is one means of meeting this requirement.
104.36 Procedural Safeguards
A recipient that operates a public elementary or secondary education program shall establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special instruction or related services, a system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impartial hearing with opportunity for participation by the person's parents or guardian and representation by counsel, and a review procedure.
104.37 Nonacademic Services
(a) Physical Education and Athletics
(1) In providing physical education courses and athletics and similar programs and activities to any of its students, a recipient to which this subpart applies may not discriminate on the basis of handicap. A recipient that offers physical education courses or that operates or sponsors interscholastic, club, or intramural athletics shall provide to qualified handicapped students an equal opportunity for participation in these activities.
(2) A recipient may offer to handicapped students physical education and athletic activities that are separate or different from those offered to nonhandicapped students only if separation or differentiation is consistent with the requirements of 104.34 and only if no qualified handicapped student is denied the opportunity to compete for teams or to participate in courses that are not separate or different.
PARENTS/STUDENT RIGHTS IN IDENTIFICATION, EVALUATION AND PLACEMENT PURSUANT TO SECTION 504 OF THE REHABILITATION ACT
The following is a description of the rights granted by this federal law to students with disabilities. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions.
You have the right to:
have your child take part in, and receive benefits from public education programs without discrimination because of his/her disability;
have the school district advise you of your right under this federal law;
receive notice with respect to identification, evaluation, or placement of your valid;
have your child receive a free appropriate public education;
This includes the right to be educated with non-disabled students to the maximum extent appropriate. It also includes the right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
have your child educated in facilities and receive services comparable to those provided non-disabled students;
have your child receive special education and related services if s/he is found to be eligible under the Individuals with Disabilities Education Act (PL 101-476) of Section 504 of the Rehabilitation Act;
have evaluation, educational, and placement decisions made based upon a variety of information sources, and by a group of persons, including persons who know the student, the evaluation data, and placement options;
have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the district;
have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the district;
examine all relevant records relating to decisions regarding your child's identification, evaluation, educational program, and placement;
obtain copies of your child's educational records at a reasonable cost unless the fee would effectively deny you access to the records;
receive a response from the school district to reasonable requests for explanations and interpretations of your child's records;
request amendment of your child's educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child;
If the school district refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to hearing.
request mediation or an impartial due process hearing related to decisions or actions regarding your child's identification, evaluation, educational program or placement;
You and the student may take part in the hearing and have an attorney represent you. Hearing requests must be made to Section 504 Compliance Officer.
file a local grievance.
The person in this district who is responsible for assuring that the district complies with Section 504 is:
Director of Student Support Services
2813 Grant Line Road
New Albany, IN 47150
Telephone: (812) 542-2168