Adopted: 2005                                                                                                                                              MSBA/MASA Model Policy 521

Orig. 1995

Revised: 12/2017                                                                                                               

 

521      STUDENT DISABILITY NONDISCRIMINATION

 

[Note: School districts are required by statute to have a policy addressing these issues.]

I. PURPOSE

The purpose of this policy is to protect disabled students from discrimination on the basis of disability and to identify and evaluate learners who, within the intent of Section 504 of the  Rehabilitation  Act  of  1973  (Section  504),  need  services,  accommodations,  or programs in order that such learners may receive a free appropriate public education.

II. GENERAL STATEMENT OF POLICY

A. Disabled students who meet the criteria of Paragraph below are protected from discrimination on the basis of a disability.

 

B. The responsibility of the school district is to identify and evaluate learners who, within the intent of Section 504, need services, accommodations, or programs in order that such learners may receive a free appropriate public education.

 

  1. For this policy, a learner who is protected under Section 504 is one who:
  2. has a physical or mental impairment that substantially limits one or more of such person’s major life activities; or
  3. has a record of such an impairment; or
  4. is regarded as having such an impairment.

D. Learners may be  protected  from  disability discrimination  and  be  eligible  for services, accommodations, or programs under the provisions of Section 504 even though they are not eligible for special education pursuant to the Individuals with Disabilities Education Act.

 

III.       COORDINATOR

Persons who have questions or comments should contact: Nathan Schwieters, 3241 Oakham Lane, St. Cloud, MN 56301, 320-230-5340. This person is the school district’s Americans with Disabilities Act/Section 504 coordinator. Persons who wish to make a complaint regarding a disability discrimination matter may use the accompanying Student Disability Discrimination Grievance Report Form. The form should be given to the ADA/Section 504 coordinator.

 

 

Legal References:        Pub. L. 110-325, 122 Stat. 3553 (ADA Amendments Act of2008, § 7)

29 U.S.C. § 794 et seq. (Rehabilitation Act of 1973, § 504)

34 C.F.R. Part 104 (Section 504 Implementing  Regulations)

 

Cross References:       MSBA/MASA Model Policy 402 (Disability Nondiscrimination)