SOUDERTON AREA SCHOOL DISTRICT

Transcription

1 No. 253 SECTION: PUPILS SOUDERTON AREA SCHOOL DISTRICT TITLE: NON-DISCRIMINATIONOF STUDENTS AND EMPLOYEES WITH DISABILITIES ADOPTED: November 30, 1995 REVISED: May 27, NON-DISCRIMINATION OF STUDENTS AND EMPLOYEES WITH DISABILITIES 1.Authority 20 U.S.C. Sec et seq Title 22 Sec Definitions It is the policy of the Souderton Area School District that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity operated by the district. This policy is meant to conform with the district's obligations under Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, all implementing regulations for these acts, and Chapter 15 of the Pennsylvania State Board of Education Regulations. Handicapped Person means any person who: 1. Has a physical or mental impairment which substantially limits one or more major life activities such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 2. Has a record of such an impairment. 3. Is regarded as having such an impairment. Qualified Handicapped Person means: 1. With respect to employment, a handicapped person who experience, education and/or training enable the person with reasonable accommodation to perform the essential functions of the job in question. 2. With respect to non-educational services, a handicapped person who meets the essential eligibility requirements for receipt of such services. Protected Handicapped Student means a student who meets the following three conditions: 1. Is of an age at which public education is offered in the Souderton Area School District, Page 1 of 8

2 253. NON-DISCRIMINATION OF STUDENTS AND EMPLOYEES WITH - Pg Has a physical or mental disability which substantially limits or prohibits participation in or access to an aspect of the student's school program, and 3. Is not eligible as defined by Chapter 14 of the Pennsylvania State Board of Education Regulations(relating to special education services and programs), or is eligible, but is raising claims regarding denial of access, equal treatment or discrimination based on handicap. This term is employed for consistency with Chapter 15 of the Pennsylvania State Board of Education Regulations. 3.Guidelines FREE APPROPRIATE PUBLIC EDUCATION (FAPE) General 20 U.S.C. Sec (e) (3) Section 504 of the Rehabilitation Act of 1973 and its implementing regulations protect otherwise qualified handicapped students who have physical, mental, or health impairments from discrimination because of those impairments. The law and its regulations require public education agencies to insure that these students have equal opportunity to participate in the school program and extra-curricular activities to the maximum extent appropriate to the ability of the protected handicapped student in question. Chapter 15 of the Pennsylvania State Board of Education Regulations addresses a school district's responsibility to comply with the requirements of Section 504 and its implementing regulations. The Souderton Area School District hereby recognizes its responsibilities to comply with the requirements of Section 504, its implementing regulations, and Chapter 15 of the Pennsylvania State Board of Education Regulations. It is the policy of the Souderton Area School District to provide a free appropriate public education to each protected handicapped student. Provisions of FAPE The Souderton Area School District shall provide each protected handicapped student enrolled in the district, without cost to the student or family, those related aids, services or accommodations which are needed to afford the student equal opportunity to participate in and obtain the benefits of the school program and extracurricular activities without discrimination and to the maximum extent appropriate to the student's abilities. Annual Notice On or before the first day of each school year, the district administration shall inform parents of enrolled students of the district's responsibilities under applicable law and that the district does not discriminate against protected handicapped students. A Page 2 of 8

3 253. NON-DISCRIMINATION OF STUDENTS AND EMPLOYEES WITH - Pg. 3 copy of said notice is attached hereto as Exhibit"A". This notice may be included in a document reasonably expected to reach the parents of students enrolled in the district, such as the school calendar, student handbook, or other brochures. School District Initiated Evaluation and Provision of Services 1. The district shall send written notice to a student's parents if the district believes that a student meets one or more of the following conditions: a. Should be identified as a protected handicapped student. b. Should no longer be identified as a protected handicapped student. c. Requires a change in or modification of the student's current service agreement. 2. The district's notice to the parents shall be in English and the parent's native language or mode of communication and shall be in the form attached hereto as Exhibit "B". 3. The notice shall be accompanied by the Notice of Procedural Safeguards in the form attached hereto as Exhibit "C". Parent Initiated Evaluation and Provision of Services 1. Parents may request in writing that their child be evaluated and provided with services if they believe their child meets one or more of the following conditions: a. Should be identified as a protected handicapped student. b. Should no longer be identified as a protected handicapped student. c. Requires any change in or modification of the child's current service agreement. 2. The parents shall include available relevant medical records along with their written requests for the provision of services. 3. Whenever possible, the parent's request for provision of services shall state the following: a. The specific reasons the parents believe the student is or is no longer a protected handicapped student. b. The specific related aids, services or accommodations the parent believes the student needs. Page 3 of 8

4 253. NON-DISCRIMINATION OF STUDENTS AND EMPLOYEES WITH - Pg. 4 c. The specific modifications the parents would like the district to make in the student's current service agreement, if the parents are requesting modification of the student's current service agreement. 4. The district shall respond in writing to parent's written request for the provision of services within twenty-five (25) school days' of receipt of parent's request. The district's response shall be in the parent's native language or mode of communication and shall state: a. Whether the parent's request or a portion of the request is being granted or denied. b. The parent's right to meet with appropriate school officials to discuss the issues associated with accommodating the student. 5. The district's response to the parent's request shall be accompanied by a Notice of Procedural Safeguards in the form attached as Exhibit "C". Service Agreement 1. If the parents and district agree as to what related aids, services or accommodations should or should no longer be provided to the protected handicapped student, the district and parents shall enter into or modify a service agreement on the form attached as Exhibit "D". The service agreement shall be executed by the district's Section 504/ADA Coordinator, on behalf of the district, and by one or both parents. 2. If the parents and district cannot agree as to the related aids, services and accommodations that should or should no longer be provided to the protected handicapped student, district shall notify parents in writing of its decision, including its proposed service agreement, if applicable. District shall also forward to parents notice of the available procedural safeguards, in the form attached hereto as Exhibit "C". Confidentiality 1. The district shall protect the confidentiality of personally identifiable information regarding the protected handicapped student. 2. Parental consent shall be required prior to releasing personally identifiable information to unauthorized persons. 3. The district shall provide access to educational records of a protected handicapped student to the parents or representative of the parents upon written request for same. Page 4 of 8

5 253. NON-DISCRIMINATION OF STUDENTS AND EMPLOYEES WITH - Pg The district shall comply with Section 513(a) of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.A. Sec. 1232(g), and its implementing regulations. Educational Settings The district shall provide for the education of protected handicapped students with persons who are not handicapped to the maximum extent appropriate to the needs of the handicapped student. Protected handicapped students shall be placed in the regular educational environment unless it is demonstrated that the education of the student in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. Whenever a protected handicapped student is placed in a setting other than the regular educational environment, the district shall take into account the proximity of the alternate setting to the student's home. Comparable Facilities If separate classrooms or other facilities operated by the district are identified as being for handicapped students, the classrooms or facilities and the services and activities provided therein shall be comparable to other classrooms, facilities, services and activities of the district. Non-Academic Services District shall provide non-academic and extra-curricular services and activities so as to afford protected handicapped students an equal opportunity for participation in such services and activities. Physical Education and Athletics The district shall not discriminate on the basis of handicap in providing physical education courses and athletics and similar programs and activities to any of its students. Protected handicapped students shall be provided an equal opportunity for participation in these activities. Pre-School and Adult Education Programs If the district operates a pre-school education or day care program or activity or an adult education program or activity, the district shall not exclude qualified handicapped persons from the programs or activity and shall take into account the needs of such persons in determining the aid, benefits or services to be provided under the program or activity. EMPLOYMENT PRACTICES General Page 5 of 8

6 253. NON-DISCRIMINATION OF STUDENTS AND EMPLOYEES WITH - Pg. 6 No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity offered by the Souderton Area School District. The Souderton Area School District shall take positive steps to employ and advance the employment of qualified handicapped persons in programs operated by the district. The Souderton Area School District shall make all decisions concerning employment in a manner which ensures that discrimination on the basis of handicap does not occur and shall not limit, segregate or classify applicants or employees in any way that adversely affects their opportunities or status because of handicap. The Souderton Area School District shall not participate in a contractual or other relationship that has the effect of subjecting qualified handicapped applicants or employees to discrimination prohibited by law. Reasonable Accommodation The district shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the accommodation would impose an undue hardship. Reasonable accommodation shall mean adjustments for the impairment of otherwise qualified handicapped applicants or employees by structuring the job or work environment in a manner that will enable the otherwise handicapped individual to perform the essential functions of the job. Reasonable accommodation includes, but is not limited to, making facilities accessible, adjusting work schedules, restructuring jobs, acquisition or modification of equipment or devices, provision of readers or interpreters, and similar actions. Employment Criteria The district shall not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons unless the test score or other selection criterion, as used, is shown to be job related for the position in question, and effective alternatives are not available. The district will select and administer tests concerning employment so as to best ensure that, when administered to an applicant or employee who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's or employee's job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the applicant's or employee's impaired sensory, manual, or speaking skills, except where those skills are the factors that the test purports to measure. Pre-Employment Inquiries Unless otherwise allowed by law, the district shall not make pre-employment inquiries as to whether an applicant is a handicapped person or as to the nature or Page 6 of 8

7 253. NON-DISCRIMINATION OF STUDENTS AND EMPLOYEES WITH - Pg. 7 severity of a handicap. Grievance Procedure 1. Any employee alleging any discriminatory action based upon handicap may file a grievance, in writing, with his/her immediate supervisor. The immediate supervisor shall meet with the grievance and shall indicate his/her disposition of the alleged grievance in writing to the grievance within five (5) school days after the initial presentation of the grievance. 2. If the action by the immediate supervisor fails to resolve the grievance to the satisfaction of the employee, the grievance may be referred to the district's Section504/ADA Coordinator within seven (7) days after the reply from the immediate supervisor. The Section 504/ADA Coordinator shall indicate his/her disposition of the alleged grievance in writing to the grievance within ten(10) school days after being presented with the grievance. 3. If the action by the district's Section 504/ADA Coordinator fails to resolve the grievance to the satisfaction of the employee, the employee may within seven(7) school days after the reply from the Section 504/ADA Coordinator request a hearing before a Board Committee. The Board Committee shall meet with the grievance and shall indicate the disposition of the alleged grievance in writing to the grievance within fifteen (15) school days after being presented with the grievance. PROGRAM ACCESSIBILITY General No qualified handicapped person shall, because the facilities of the Souderton Area School District are inaccessible to or unusable by handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity provided by the district. Existing Facilities The district shall operate its programs and activities so that when viewed in their entirety, they are readily accessible to handicapped persons. This paragraph does not require the district to make each of its existing facilities or every part of a facility accessible to and useable by handicapped persons. The district shall comply with these requirements through such means as redesign of equipment, reassignment of classes or other services to accessible buildings, alteration of existing facilities, or any other means that result in making its program or activity accessible to handicapped persons. The district shall not be required to make structural changes in existing facilities where other methods are effective in achieving compliance with this paragraph. Page 7 of 8

8 253. NON-DISCRIMINATION OF STUDENTS AND EMPLOYEES WITH - Pg. 8 New Construction Each facility or part of a facility hereafter constructed by, on behalf of, or for the use of the district shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and useable by handicapped persons. AUXILIARY AIDS AND SERVICES The district shall furnish auxiliary aids and services to employees, students, parents, members of the public who have disabilities to the extent necessary for communications with them to be equally effective as communications with other persons unless it would result in an undue burden or fundamental alteration of the district's program. MODIFICATIONS TO POLICIES,PRACTICES AND PROCEDURES The district shall make reasonable modifications in policies, practices and procedures when necessary to avoid disability based discrimination unless said modification would fundamentally alter the nature of the service, program or activity offered by the district. DESIGNATION OF COORDINATORS The District Superintendent shall designate a Section504/ADA Coordinator to coordinate the district's efforts to comply with these policies and applicable law. NOTICE OF NON-DISCRIMINATION POLICY 20 U.S.C. Sec et seq The district shall provide continuing public and internal notice that it does not discriminate on the basis of handicap with regard to admission, access to services, treatment or employment in its programs and activities. The forms of notice may include publication in newspapers and magazines, placement of notices in district publications, posting of notices and distribution of memoranda. This notification shall also be included in district recruitment materials and general publications. Page 8 of 8