Code:  JBAA

Readopted:  11/12/24

Adopted:  12/14/09

Orig. Code(s):  JBAA

In compliance with the requirements of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendments Act of 2008 (ADA), the district shall ensure that no otherwise qualified individual with disabilities shall, solely by reason of a disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity conducted by the district or those provided by the district through contractual or other arrangements.  Programs and activities shall be accessible and usable by individuals with disabilities as prescribed by law.

The superintendent or designee will ensure all students who qualify for Section 504 are identified annually. Students will be evaluated by a team of qualified individuals knowledgeable about the student, the meaning of the evaluation data and placement options.  Services will be provided as required by law.

The superintendent will develop administrative regulations as needed for the implementation of this policy and to meet the requirements of state and federal law. Regulations will include provisions to ensure notice of the district’s responsibilities are provided as required and that procedures are established for students, parents and staff with complaints concerning district compliance with the provisions of law.

END OF POLICY
 

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Legal Reference(s):

ORS 192.630
ORS 326.051(1)(e)
ORS 343.068
ORS 659.850
ORS 659.865
ORS 659A.103
ORS 659A.109

OAR 581-015-2030
OAR 581-021-0045
OAR 581-021-0046
OAR 581-021-0049
OAR 581-022-2310

Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213; 29 C.F.R. Part 1630 (2017); 28 C.F.R. Part 35 (2017).
Rehabilitation Act of 1973, 29 U.S.C. §§ 791, 793-794 (2012).
Americans with Disabilities Amendments Act of 2008.

 

Code:   JBAA-AR

Adopted:   4/15/25

 

 

In order to meet the requirements of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendments Act of 2008 (ADA), the following procedures have been established:

Definitions

1. A student is considered a “qualified individual with disabilities” under Section 504 if the student:
    
   1. Has a physical or mental impairment which substantially limits one or more major life activities. Physical or mental impairments can be episodic and must be considered without mitigating measures, such as medication, prosthetics, hearing aids, etc., Regular eye glasses are the exception to mitigating measures. The term does not cover students disadvantaged by cultural, environmental or economic factors;
   2. Has a record or history of  a physical or mental impairment that limited a major life activity (e.g., a student who had cancer that is now in remission, a student in recovery from chemical dependencies);
   3. Is regarded as having a physical or mental impairment. A student can be found eligible under this provision if the student does not have a qualifying physical or mental impairment but is viewed by the district as disabled and the district has discriminated against them. (e.g. a student with scars from severe burns, a student assumed to be HIV positive because their parent is a community activist
   4. Students in all of the above three categories are protected from discrimination under Section 504. However, only students in the first category may be eligible for reasonable accommodations.
       
2. “Physical or mental impairment” means any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; endocrine; or any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness and learning disorders;
3. “Major life activities,” as defined by the ADA, means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, communicating; and major bodily functions including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions;
4. “Program or activity” includes all district programs and activities. The district will also ensure that contracts with those who provide services to the district, such as alternative programs, also provide students with disabilities an equal opportunity to participate in the program or activity;
5. “Potentially disabling conditions” under Section 504, if they substantially limit a major life activity, may include, but are not limited to:
    
   1. Attention deficit disorder (ADD);
   2. Behavior disorders;
   3. Chronic asthma and severe allergies;
   4. Physical disabilities such as spina bifida and conditions requiring students to use crutches;
   5. Health conditions like diabetes and hemophilia.

District Responsibilities

The superintendent or designee will:

1. Provide written assurance of nondiscrimination whenever the district receives federal money in accordance with application guidelines;
2. Designate an employee to coordinate the district’s compliance efforts with Section 504;
3. Provide procedures to resolve student, parent and employee complaints of discrimination;
4. Provide notice to students, parents, employees, including those with vision or hearing impairments, of the district’s policy of compliance with Section 504 prohibiting nondiscrimination in admission or access to or treatment or employment in district programs or activities. District aids, benefits and services will afford students with disabilities equal opportunity to obtain the same result, gain the same benefit or reach the same level of achievement as students without disabilities, and be educated with students without disabilities to the maximum extent appropriate to the student’s needs. Notice will specify the employee designated by the district to coordinate the district’s Section 504 compliance efforts;
5. Identify and locate students with disabilities who are Section 504 qualified in the district and who qualify for services;
6. Notify students with disabilities and their parents or guardians of the district’s responsibilities under Section 504;
7. Provide parents or guardians with procedural safeguards:
    
   1.   Notice of their rights under Section 504, including the right to request an impartial hearing as provided by Oregon Administrative Rule (OAR) 581-015-2390;
   2. An opportunity to review relevant records if requested.
   3. Provide all employees assigned to work with a student who is eligible for Section 504 supports access to the student’s 504 Plan.
       

Transportation

1. If the district proposes to terminate transportation services for a student who qualifies for services under Section 504, the district will first determine the relationship between the student’s behavior and disability and provide the parent with notice of rights.
2. If the district places a student in a program not operated by the district, the district will ensure that adequate transportation to and from the program is provided at no additional cost to the parent or student than would be incurred if the student were placed in programs operated by the district.

Evaluation 

1. The district will conduct an evaluation of any student who, because of a disability, needs or is believed to need accommodations or related services. Such evaluation will be completed by an evaluation team comprised of a group of persons to include a person knowledgeable about the student,  a person knowledgeable about the meaning of the evaluation data and  a person knowledgeable about placement options. The team will be appointed by the superintendent or designee. Such evaluation will be completed before any action is taken with respect to the initial placement of the student in a regular or special education program and any subsequent, significant change in placement.
   
   All employees assigned to work with a student with specialized needs to assist the student with educational, behavioral, medical, health or disability-related support needs of the student should be consulted with when the 504 Plan for the student is being developed, reviewed or revised. This includes being invited to, and compensated for attending, meetings regarding the students 504 Plan and other meetings regarding the student, when the decisions made and issues discussed are related to the responsibilities of the employee to support the student or when the employee has unique information about the student’s needs and present level of performance.
    
2.  Tests and other evaluation materials will:
    
   1. Be administered by trained personnel;
   2. Be tailored to assess educational need;
   3. Reflect aptitude or achievement. All tests must measure what they purport to measure.
       

Placement

In interpreting evaluation data and making placement decisions, the evaluation team will:

1. Draw upon information from a variety of sources;
2. Ensure that all relevant information is documented and considered;
3. Ensure that the student is educated with students without disabilities to the maximum extent possible.

Reevaluations

1. The evaluation team will periodically reevaluate all students eligible for supports under Section 504. Students will be reevaluated every three years.
2. A reevaluation will be considered by the evaluation team whenever a significant change in placement occurs. Examples of significant changes in placement include, but are not limited to:
    
   1. Expulsion;
   2. A pattern of suspensions which exceed 10 school days in a school year. Consideration will be given to the frequency of suspensions, the length of each and their proximity to one another;
   3. Transferring or placing the student in alternative education or other such programs;
   4. Significantly changing the composition of the student’s class schedule (e.g., moving the student from regular education to the resource room, etc.).

Discipline

1. Before implementing a suspension or expulsion that constitutes a significant change in the placement of a student with disabilities under Section 504, more than ten days consecutively or cumulatively in a school year, the district must conduct a Manifestation Review and answer two key questions:
    
   1. Was the conduct in question caused by or directly and substantially related to the disability?
   2. Was the conduct in question a direct result of a failure to implement the 504 Accommodation Plan? If the answer is yes to either question, the behavior is a manifestation of the disability.
   3. If it is determined that the misconduct of the student is caused by the student’s disability, the student cannot be suspended or expelled for more than 10 days, and the evaluation team will consider if further evaluation of the student is needed to determine whether the student’s current educational placement is appropriate. Due process procedures that meet the requirements of IDEA may be used to meet the procedural safeguards of the law;
   4. If it is determined that the misconduct is not caused by the student’s disability, the student may be excluded from school in the same manner as are similarly situated students who do not have disabilities.
       
2. When the placement of a student with disabilities under Section 504 is changed for disciplinary reasons, the student and parents are entitled to the procedural protections as specified above. These protections include appropriate notice to parents, an opportunity for their examination of pertinent records, an impartial hearing with the participation of the parents and an opportunity for representation by counsel and a review procedure.
3. The district may take disciplinary action against a student with disabilities under Section 504 who is engaged currently in the use of alcohol or illegal drugs to the same extent that it takes disciplinary action against students without disabilities. As provided by law, due process procedures specified above will not apply to disciplinary actions arising from the use or possession of alcohol or illegal drugs. Regularly established district due process procedures will, however, be provided.
4. Students with disabilities under Section 504 who are also covered by IDEA will be disciplined in accordance with Board policy JGDA - Discipline of Students with Disabilities and the accompanying administrative regulation.

Complaints

Student, parent or staff complaints of noncompliance with the provisions of Section 504 will be reported to the superintendent or designee and processed in accordance with established district complaint procedures outlined in board policy KL – Public Complaints.