5145.4 - Americans with Disabilities Act/Section 504

Policy 5145.4

Students

Nondiscrimination 

Americans with Disabilities Act/Section 504
(Rights of Students with Disabilities Under Section 504)


The Board of Education shall ensure that no student is discriminated against in programs or activities receiving federal financial assistance.  Individuals protected by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disability Act (ADA), as amended, are those individuals who: have a physical or mental impairment which substantially limits one or more major life activities (e.g. caring for one's self, performing manual tasks, walking, standing, lifting, bending, seeing, hearing, speaking, writing, breathing, learning, reading, concentrating, thinking, communicating and working); have a record of such impairment; or are regarded as having such an impairment.  Students who qualify for protection under Section 504 are: of an age during which non-disabled children are provided preschool, elementary or secondary education services; of an age during which it is mandatory under state law to provide such educational services to disabled children; or to whom a state is required to provide a free appropriate public education (e.g. under IDEA), or eligible for accommodations under the ADA.

The Board directs the administration to identify, evaluate, refer, place, provide adaptations for and review all eligible students with disabilities.  A student whose disability is episodic or in remission is still eligible to be qualified under the Act.  In addition, the determination that a student has an impairment that substantially limits a major life activity will be made without regard to whether mitigating measures (such as medication, devices, prosthetics, hearing aids, etc.) ameliorate the effects of the disability.

Students with disabilities pursuant to Section 504 and/or ADA shall be provided a free appropriate public education which may include, but is not limited to, providing a structured learning environment; repeating and simplifying instructions about in-class and homework assignments; supplementing verbal instructions with visual instructions; using behavioral management techniques; adjusting class schedules; modifying test delivery; using tape recorders, computer-aided instruction, and/or other audiovisual equipment; selecting modified textbooks or workbooks and tailoring homework assignments or modification of nonacademic times such as lunchroom, recess and physical education.

The Board directs the Superintendent to provide the staff appropriate training in this area of the law so as to ensure that the District is able to comply with the law in not discriminating against students with disabilities.

The Board shall adopt a grievance procedure to resolve Section 504 complaints and designate an individual to coordinate compliance with Section 504 and the ADA. The Board shall ensure that students with disabilities and their parents are notified annually of the Board's responsibilities under Section 504 and the ADA.

(cf. 0521 – Nondiscrimination)
(cf. 4118.11/4218.11 – Nondiscrimination)
(cf. 4118.12/4218.12 – Disabilities)
(cf. 5141 – Student Health Services)


Legal Reference:    Connecticut General Statutes
19-581 through 585 AIDS testing and medical information.
10-209 Records not to be public.
46a-60 Discriminatory employment practices prohibited.
Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C. 706(7)(b).
American Disability Act of 1989 (42 U.S.C. Ch 126 §12112), as amended by ADA Amendments Act of 2008 (Americans with Disabilities Act Amendment Act of 2008, 42 USC §§12101 et seq)
Individuals with Disabilities Education Act, 20 USC §§1400 et seq. (IDEA)
Chalk v. The United States District Court of Central California.
Amendments of Americans with Disabilities Act, Title II and Title III, Regulation to Implement ADA Amendments Act of 2008. Federal Register, Vol. 81, No. 155 (28 CFR Parts 35 & 36)

Policy adopted:  November 21, 2017                
NEWTOWN PUBLIC SCHOOLS, Newtown, Connecticut