Policy 3040: Section 504/Title II A.D.A Compliance and Appeal Procedures
The Board recognizes that qualified individuals with disabilities, as well as those regarded as such, are entitled to enjoy equal access to school district programs and activities. It is the policy of the school district to adhere to the requirements of §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) [hereinafter "§504"], the Americans with Disabilities Act (hereinafter "A.D.A.") and their implementing regulations (34 C.F.R. Part 104) in affording the rights and benefits called for in accordance with the law.
The Board hereby designates the Assistant Superintendent for Human Resources as the Responsible Person to coordinate compliance efforts under the law and regulations cited above. The Assistant Superintendent for Human Resources shall cause notices to be issued periodically, but at least twice each school year, stating that the school district does not discriminate on the basis of disability, as set forth in §504 and Title II of A.D.A., and provides equal access to programs and activities of the school district to qualified individuals with disabilities. The notice shall also state the name or office title of the employee designated by the Board as the Responsible Person. Such notice shall be posted conspicuously in each school building, in student handbooks and publications issued to parents, if any.
The school district shall conduct and/or maintain evidence of a previously conducted self-evaluation, as prescribed in the regulations (34 C.F.R. Part 104.6[c]).
DUE PROCESS PROCEDURE
In the event that a qualified individual with a disability believes that there has been a violation of this Policy, §504 title II of A.D.A. or the regulations (34 C.F.R. §104) affecting his/her rights, such grievance may be placed in writing and investigated by the school district's Assistant Superintendent for Human Resources who shall report his/her findings within twenty (20) days to the grievant, referencing a personal interview where appropriate. In the event of a finding of one or more violations, the report will be forwarded to the Superintendent of School for his/her consideration and action.
If the qualified individual with a disability is not satisfied, in whole or in part, with the findings of the Assistant Superintendent for Human Resources, an appeal, in writing, shall lie to the Superintendent of Schools, who may designate a hearing officer to make findings of fact regarding substantial factual disputes, or shall otherwise rule upon the matter.
If the qualified individual with a disability is not satisfied with the Superintendent's response, recourse may be had pursuant to procedures available through the New York State Education Department, Office for the Education of Children with Handicapping Conditions (34 C.F.R. §76.780), the U.S. Department of Education, or the courts having jurisdiction over such matters.
Notwithstanding the above, where the complaint is in the nature of the identification, evaluation, or educational placement of a student as required by I.D.E.A. and/or article 89 of the Education Law, the Commissioner's regulations (Part 200.5) shall serve as the due process procedure for challenging alleged violations of §504 and its implementing regulations.
Persons who file a complaint pursuant to this policy shall not be discriminated against for such filing or for any appeal therefrom.
Adopted by Board of Education: April 8, 1997