Section 504 Policy
CARPE DIEM SCHOOL
SPECIAL INSTRUCTIONAL PROGRAMS
AND ACCOMMODATIONS FOR DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
The School does not discriminate against individuals with disabilities in its policies or practices. It is the responsibility of the School to identify and evaluate students who, within the intent of Section 504 of the Rehabilitation Act of 1973, need or are believed to need special education or related services because of a disability in order that such students may receive the required free appropriate education.
For this policy, a student who, within the intent of Section 504, needs or is believed to need special education or related services is one who:
- Has a physical or mental impairment that substantially limits one (1) or more major life activities, including learning; or
- Has a record of such impairment; or
- Is regarded as having such impairment.
Students may be eligible for services under the provisions of Section 504 even though they do not require services pursuant to the Individuals with Disabilities in Education Act (IDEA). Students who are identified as individuals with exceptional needs, according to IDEA criteria, are not addressed under this policy. The needs of such students are provided for under Policy IHB and its regulations and under state and federal laws and regulations.
The School has developed procedural safeguards for actions related to the identification, evaluation, and placement of students entitled to Section 504 protections. For questions regarding Section 504 or the School’s procedural safeguards, please contact the School’s Section 504/ADA Coordinator:
Lani Calaway, Special Education Director
PO Box 6502, Yuma, AZ 85366
(928) 317-3113
The School has established a grievance procedure for disability discrimination complaints. For further questions regarding the School’s grievance procedure, or any other information, please contact the School’s Section 504/ADA Coordinator.
Adopted: 5/9/2013
LEGAL REF.: A.R.S. 15-708 29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
SPECIAL INSTRUCTIONAL PROGRAMS
AND ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
Each qualified student within the School who is eligible to receive regular or special education or related aids or services, regardless of the nature or severity of the condition necessitating such programs or services, shall receive free appropriate education in the School.
Identification and referral procedures
- Any student who needs or is believed to need special education or related services not available through existing programs in order to receive a free appropriate public education may be referred by a parent, teacher, or other certificated school employee for identification and evaluation of the student's individual education needs.
- The identification and evaluation will be completed by persons knowledgeable about the student, the student's school history, the student's individual needs, the meaning of evaluation data, and the placement options.
- The School will consider the referral and, based upon a review of the student's existing records, including academic, social, and behavioral records, make a decision as to whether an evaluation under this procedure is appropriate. If a request for evaluation is denied, the School will inform the parents or guardian of this decision and of their procedural rights.
Evaluation
Evaluation of the student will be carried out by the School according to the following procedures:
- The evaluation will be based on information from a variety of sources, including teacher(s), school staff, parent/guardian, physician, and other professionals who have knowledge of the Student;
- The School will document and consider all available, relevant information related to the suspected physical or mental impairment, which may substantially limit a major life activity;
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- Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, 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, the function of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
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- A student who is engaged in the illegal use of drugs is not considered a qualified individual with a disability.
- The evaluation will be conducted by a group of individuals, including the parents/guardians, who are knowledgeable about the student, the disabling condition, evaluation procedures, and available accommodations and placements;
- The School will ensure that the tests and other evaluation materials have been validated for the specific purpose for which they are used and reflects a student’s aptitude rather than the student’s impaired sensory, manual, or speaking skills
Eligibility and Placement
In making eligibility and placement decisions, the School shall:
- Consider all available relevant information, drawing upon a variety of sources, including, but not limited to, aptitude and achievement tests, comprehensive assessments conducted by the School’s professional staff, teacher recommendations, physical condition, social or cultural background and adaptive behavior;
- Develop a written Section 504 Accommodation Plan describing the disability and the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of the student. The plan will specify how the regular or special education and related aids and services will be provided, and by whom;
- Ensure that the placement decision is made by a group of persons, including the parent/guardian, knowledgeable about the child, the meaning of the evaluation data, and the placement options;
- Ensure that the student is placed in the regular education environment, unless it is demonstrated that the education of the student in the regular education environment with the use of supplementary aids and services cannot be achieved satisfactorily;
- Provide notice to the parents or guardian in writing of its final decision concerning eligibility and the services to be provided if determined to be necessary by the Section 504 team; and
- Inform all school personnel who work with the student of the student’s Section 504 Accommodation Plan.
Review of the student's progress
The School will monitor the progress of the student with a disability and the effectiveness of the student's education plan annually to determine whether special education or related services are appropriate and necessary, and that the student's needs are being met as adequately as the needs of a non-disabled student.
Prior to any subsequent significant change in placement, a comprehensive reevaluation of the student will be conducted. A significant change in placement is a substantial and fundamental change to a student’s educational program, including but not limited to a change to a more or less restrictive setting or a disciplinary change in placement.
Procedural Safeguards
- Parents or guardian shall be notified in writing of all School decisions concerning the identification, evaluation or educational placement of students made under this policy.
- The School shall provide parents/guardians an opportunity to examine relevant records.
- The parents/guardian shall have the right to an impartial due process hearing with respect to the identification, evaluation, placement and provision of FAPE to their child. Parents or guardians may be represented by counsel during the hearing.
Due Process Procedures
Parents or the School may initiate a due process hearing on a matter related to 1) eligibility and related procedures, 2) procedural safeguards, or 3) provision of a free and appropriate public education to the student.
The request for a due process hearing must be made within two years of the date the parent/guardian or the School knew or should have known about the alleged action that forms the basis of the complaint.
The request for a due process hearing shall be in writing and include:
- The name of the child;
- The address of the residence of the child;
- The name of the school the child is attending;
- In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child, and the name of the school the child is attending;
- A description of the nature of the problem of the child relating to the problem, including facts relating to the problem; and
- A proposed resolution of the problem to the extent known and available to the party at the time.
The request for a due process hearing shall be made to:
Carpe Diem Schools
P.O. Box 6502
Yuma, Arizona 85366
The School shall provide the Parents/Guardians with written notice within ten (10) days of receiving the complaint. The notice shall contain:
- A statement of time, place, and nature of the hearing. The hearing will be held at the School offices or another location in the School that is reasonably convenient to the parents/guardians. The hearing should be scheduled within thirty (30) working days after the Associate Superintendent received the written request for a hearing, whenever possible.
- A statement regarding the exchange of information. At least five (5) working days prior to the hearing, the parties shall exchange information regarding the witnesses to be called and the documents to be introduced as evidence at the hearing.
- A statement of the availability of relevant records for examination.
- A statement of the right to be represented by counsel. The parents/guardians and the School have the right to be represented at the hearing by counsel or another representative of their choice and at their own expense.
- A statement regarding the presentation of evidence at the hearing. Parents/guardians and the School have the right to present witnesses and cross-examine witnesses and introduce documentary evidence at the hearing. Reliable hearsay evidence may be permitted into evidence at the discretion of the hearing officer.
All written correspondence shall be provided in English and/or translated or interpreted in the primary language spoken in the home.
Hearing Procedures
The hearing officer shall preside at the hearing and shall conduct the proceedings in an impartial manner. The Rules of Evidence will not apply to these hearings, but evidence, to be admissible must be relevant and credible. The parties shall have an opportunity to:
- Present and cross-examine witnesses.
- Present evidence.
- Produce outside expert testimony.
- Be represented by legal counsel or another representative of their choice and at their own expense.
Parents involved in the hearing will be given the right to:
- Have the student present at the hearing.
- Open the hearing to the public.
An interpreter shall be provided upon request by the parents or guardians.
Decision of the Hearing Officer
A copy of the hearing officer's written decision shall be delivered to the School and the parent or legal guardian within ten (10) working days following completion of the hearing. The decision shall include the hearing officer’s findings of fact and conclusions and a statement that either party may appeal the decision.
Review Procedure
If either party is not satisfied with the Hearing Officer’s decision, the party may submit a written request for review of the decision by a review officer. The review officer will not be a School employee.
- The request shall include:
− The name of the child;
− The address of the residence of the child;
− The name of the school the child is attending;
− In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child, and the name of the school the child is attending;
− Name of the Hearing Officer and date decision was rendered; and
− A detailed explanation of the factual or legal reasons why the party believes that the hearing officer’s decision is incorrect.
- The review officer will conduct a records review of the matter. The review officer will have the discretion to hear additional argument or request additional evidence.
- The review officer will render a written decision within ten (10) working days of receipt of the request for review.
Record of Hearing
A written or electronic verbatim recording of the Section 504 due process hearing shall be on file at the School Office and will be available for review upon request to the parents and/or any of the involved parties.
3919791.1 / 108791-2
April 19, 2013
