|Kirtland Local School District|
|Bylaws & Policies|
2260.01 - SECTION 504 / ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY
Pursuant to Section 504 of the Rehabilitation Act of 1973 and its implementing regulations ("Section 504"), no otherwise qualified individual with a disability shall, 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 Board of Education does not discriminate in admission or access to, participation in, or treatment, or employment in its programs or activities. As such, the Boardís policies and practices will not discriminate against employees and students with disabilities, will provide equal opportunity for employment, and will make accessible to qualified individuals with disabilities its facilities, programs, and activities. No discrimination will be permitted against any individual with a disability on the basis of that disability in any of the programs, activities, policies, and / or practices in the District.
As used in this policy and the implementing administrative guidelines, "an individual with a disability" means a person who has, has 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 include, but are not limited to, caring for oneís self, performing manual tasks, walking, seeing, hearing, speaking, breathing, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating, working, and learning, or 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, or endocrine functions. This list is not exhaustive.
With respect to employment, a qualified person with a disability means a disabled person who, with or without reasonable accommodation, can perform the essential functions of the job in question.
With respect to public preschool, elementary and secondary educational services, a qualified person with a disability means a disabled person:
|A.||who is of an age during which nondisabled persons are provided educational services;|
|B.||who is of any age during which it is mandatory under Ohio law to provide educational services to disabled persons; or|
|C.||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 disabled person who meets the academic and technical standards requisite to admission or participation in the vocational program or activity.
The Districtís Director of Pupil Services is the Districtís Section 504 Compliance Officer(s) / ADA Coordinator(s) ("Compliance Officer"). The Compliance Officer(s) is responsible for coordinating the Districtís efforts to comply with and fulfill its responsibilities under Section 504 and Title II of the Americans with Disabilities Act ("ADA"). A copy of the Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, including copies of their implementing regulations, may be obtained from the Compliance Officer. The Compliance Officer can be reached at:
Director of Pupil Services
9252 Chillicothe Road
The Compliance Officer(s) will oversee the investigation of any complaints of discrimination based on disability, which may be filed pursuant to the Boardís adopted grievance procedure, and will attempt to resolve the grievances.
The Compliance Officer(s) will also oversee the training of employees in the District so that all employees understand their rights and responsibilities under Section 504 and the ADA, and are informed of the Boardís policies, administrative guidelines and practices with respect to fully implementing and complying with the requirements of Section 504 / ADA.
In accordance with Section 504 / ADA, no qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any of the Districtís programs or activities. Further, the Board will take positive steps to employ and advance in employment qualified individuals with disabilities. The Board will not limit, segregate or classify applicants or employees in any way that adversely affects their opportunities or status because of disability. Additionally, the Board will not participate in any contractual or other relationships that have the effect of subjecting qualified individuals with disabilities who are applicants or employees to discrimination on the basis of disability.
The Board will make reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the accommodation would impose an undue hardship on the operation of the Districtís program and / or activities.
No qualified person with a disability will, because the Districtís 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 District will comply with applicable accessibility standards. For those existing facilities constructed prior to June 3, 1977, the District is committed to operating its programs and activities so that they are readily accessible to person with disabilities. This includes, but is not limited to, providing accommodations to parents with disabilities who desire access to their childís educational program or meetings pertinent thereto. Programs and activities will be designed and scheduled so that the location and nature of the facility or area will not deny a student with a disability the opportunity to participate on the same basis as students without disabilities. The District will meet its obligation through such means as redesign of equipment, reassignment of classes or other services to accessible buildings, assignment of aides to beneficiaries, alteration of existing facilities and/or construction of new facilities, or any other method that results in making its programs and activities accessible to persons with disabilities. In choosing among available methods for meeting its obligations, the District will give priority to those methods that serve persons with disabilities in the most integrated setting appropriate.
The 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. The Board recognizes and acknowledges that students may be disabled and eligible for services under Section 504 even though they do not qualify for or require special education and/or related services pursuant the IDEIA. Students eligible for services under the IDEIA will be served under existing special education programs.
A student with a mental or physical impairment that substantially limits one or more major life activities (not limited to learning) is entitled to a free appropriate education that consists of regular or special education and related aids and services designed to meet the studentís individualized need as adequately as the needs of nondisabled students are met.
Parents/guardian/custodian ("parents") are invited and encouraged to participate fully in the evaluation process, placement decisions/development of a plan, as persons knowledgeable about the student. If the parents disagree with the determination made by the Districtís professional staff, they may request a hearing with an impartial hearing officer.
The Board is committed to educating (or providing for the education of) each qualified person with a disability who resides within the District with persons who are not disabled to the maximum extent appropriate to the needs of the person with disabilities. Generally, the District will 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 with the use of supplementary aids and services cannot be achieved satisfactorily. If the District 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 personís home.
The District will 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. Nonacademic and extracurricular services and activities may include counseling services, physical recreational activities, transportation, health services, recreational activities, special interests groups or clubs sponsored by the District, 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 nonacademic and extracurricular services and activities, including those listed above, the District will verify that persons with disabilities participate with persons without disabilities in such activities and services to the maximum extent appropriate to the needs of the person with a disability in question.
The Board directs the Superintendent to prepare administrative guidelines for facilitating the prompt, fair and appropriate identification, referral, evaluation and placement of students with disabilities in accordance with Section 504.
The Board will provide in-service training and consultation to staff on the education of persons with disabilities, as necessary and appropriate.
Individuals have the right to file a complaint of disability discrimination pursuant to the Districtís grievance procedure which will be investigated by a District employee. The Superintendent may appoint a designee if the compliance officer is alleged to be involved in the discrimination. The written grievance should be sent to the Districtís Section 504 Compliance Officer, Director of Pupil Services, 9252 Chillicothe Road, Kirtland, Ohio 44094 within thirty (30) calendar days of the discrimination.
Parents/Guardians have the right to challenge any determination regarding identification, evaluation, and placement of this student by requesting an impartial due process hearing with a non-district, impartial hearing officer and the opportunity to attend and be represented by counsel.
29 C.F.R. Part 1630
29 U.S.C. 794, Section 504 Rehabilitation Act of 1973, as amended,
34 C.F.R. Part 104
42 U.S.C. 12101 et seq., Americans with Disabilities Act of 1990
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