2260.01 - SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY

Pursuant to Section 504 of the Rehabilitation Act of 1973 (“Section 504”), the Americans with Disabilities Act of 1990, as amended (“ADA”), and the implementing regulations (collectively “Section 504/ADA”), no otherwise qualified individual with a disability shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Governing Board does not discriminate in admission or access to, or participation in, or treatment in its programs or activities. As such, the Governing Board’s policies and practices shall not discriminate against students with disabilities and the Governing Board shall make its facilities, programs, and activities accessible to qualified individuals with disabilities. No discrimination shall be knowingly permitted against any individual with a disability on the sole basis of that disability in any of the programs, activities, policies, and/or practices in the ESC.

“An individual with a disability” means a person who has, had a record of, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities. Major life activities are functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

Major life activities also include the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

An impairment that is episodic in nature or in remission is considered a disability if it would substantially limit a major life activity when active.

The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as medication, medical supplies, equipment or appliances, low-vision devices (not including ordinary eyeglasses or contact lenses), prosthetics (including limbs and devices), hearing aids and cochlear implants or other implantable hearing devices, mobility devices, oxygen therapy equipment or supplies, assistive technology, reasonable accommodations or auxiliary aids or services, or learned behavioral or adaptive neurological modifications.

With respect to public preschool, elementary and secondary educational services, a qualified person with a disability means a disabled person:

1. who is of an age during which nondisabled persons are provided educational services;
2. who is of any age during which it is mandatory under Ohio law to provide educational services to disabled persons; or
3. to whom the State is required to provide a free appropriate public education pursuant to the Individuals with Disabilities Education Improvement Act (IDEIA).

With respect to vocational education services, a qualified person with a disability means a person with a disability who meets the academic and technical standards requisite to admission or participation in the vocational program or activity. The Governing Board will not deny a student with disabilities access to its vocational education programs or courses due to architectural and/or equipment barriers, or because the student needs related aids or services to receive an appropriate education.

ESC Compliance Officer

The following person is designated as the ESC Section 504 Compliance Officer/ADA Coordinator (“ESC Compliance Officer”):

The ESC Compliance Officer is/are responsible for coordinating the ESC’s efforts to comply with and fulfill its responsibilities under Section 504 and Title II of the ADA. A copy of Section 504 and the ADA, including copies of their implementing regulations, may be obtained from the ESC Compliance Officer.

The ESC Compliance Officer shall oversee the investigation of any complaints of discrimination based on disability, which may be filed pursuant to the Governing Board’s adopted internal complaint procedure and shall attempt to resolve such complaints.

The Governing Board shall provide for the prompt and equitable resolution of complaints alleging violations of Section 504/ADA. The Governing Board shall further establish and implement a system of procedural safeguards in accordance with Section 504, including the right to an impartial due process hearing.

Training

The ESC Compliance Officer shall also oversee the training of employees in the ESC so that all employees understand their rights and responsibilities under Section 504 and the ADA and are informed of the Governing Board’s policies and practices with respect to fully implementing and complying with the requirements of Section 504/ADA.

The Governing Board shall provide in-service training and consultation to staff responsible for the education of persons with disabilities, as necessary and appropriate.

Facilities

No qualified person with a disability shall, because the ESC’s facilities are inaccessible to or unusable by persons with disabilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity to which Section 504/ADA applies.

For facilities constructed or altered after June 3, 1977, the ESC shall comply with applicable accessibility standards. For those existing facilities constructed prior to June 3, 1977, the ESC is committed to operating its programs and activities so that they are readily accessible to persons with disabilities. This includes, but is not limited to, providing accommodations to parents with disabilities who desire access to their child’s educational program or meetings pertinent thereto. Programs and activities shall be designed and scheduled so that the location and nature of the facility or area shall not deny a student with a disability the opportunity to participate on the same basis as students without disabilities.

Education

The Governing Board is committed to identifying, evaluating, and providing a free appropriate public education (FAPE) to students within its jurisdiction who are disabled within the definition of Section 504, regardless of the nature or severity of their disabilities.

If a student has a physical or mental impairment that significantly limits one or more major life activities, the Governing Board shall provide the student with a free appropriate public education. An appropriate education may include regular or special education and related aids and services to accommodate the unique needs of students with disabilities. For students with disabilities who are not eligible for specially designed instruction under the IDEIA, the related aids and services (including accommodations/modifications/interventions) they need in order to have their needs met as adequately as the needs of nondisabled students are met, shall be delineated, along with their placement, in a Section 504 Plan. Parents/guardians/custodians (“parents”) are invited and encouraged to participate fully in the evaluation process and development of a Section 504 Plan. The quality of education services provided to students with disabilities will be equal to the quality of services provided to students without disabilities.

The Governing Board is committed to educating (or providing for the education of) each qualified person with a disability who resides within the ESC with persons who are not disabled to the maximum extent appropriate. Generally, the ESC shall place a person with a disability in the regular educational environment unless it is demonstrated that the education of the person in the regular environment, even with the use of supplementary aids and services cannot be achieved satisfactorily. If the ESC places a person in a setting other than the regular educational environment, it shall take into account the proximity of the alternate setting to the person’s home. If the Governing Board operates a separate class or facility that is identifiable as being for persons with disabilities, the facility, program, and activities and services offered to students without a disability.

The Governing Board shall provide non-academic extracurricular services and activities in such a manner as is necessary to afford qualified persons with disabilities an equal opportunity for participation in such services and activities. Non-academic and extracurricular services and activities may include counseling services, physical recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the ESC, referrals to agencies that provide assistance to persons with disabilities, and employment of students. In providing or arranging for the provision of meals and recess periods, and non-academic and extracurricular services and activities, including those listed above, the ESC shall verify that persons with disabilities participate with persons without disabilities in such services and activities to the maximum extent appropriate.

Notice

Notice of the Governing Board’s policy on nondiscrimination in education practices and the identity of the ESC’s Compliance Officer shall be posted.

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