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Viewing Policy: BP 6164.6 – Identification And Education Under Section 504



BP 6164.6

Instruction

 

Identification And Education Under Section 504

 

The San Benito County Board of Education (County Board) believes that all children, including children with disabilities, should have the opportunity to learn in a safe and nurturing environment. The Superintendent or designee shall work to identify children with disabilities who reside within the jurisdiction of the San Benito County Office of Education (SBCOE) in order to ensure that they receive educational and related services required by law.

 

The Superintendent or designee shall provide qualified students with disabilities with a free appropriate public education (FAPE), as defined under Section 504 of the federal Rehabilitation Act of 1973.  Such students shall receive regular or special education and related aids and services designed to meet their individual educational needs as adequately as the needs of students without disabilities are met. (34 CFR 104.33)

 

(cf. 0300 – Nondiscrimination in District Programs and Activities)

(cf. 0430 – Comprehensive Local Plan for Special Education)

(cf. 6164.4 – Identification and Evaluation of Individuals for Special Education)

 

In addition, qualified students with disabilities shall be provided an equal opportunity to participate in programs and activities that are integral components of the SBCOE’s basic education program, including, but not limited to, extracurricular athletics, interscholastic sports, and/or other nonacademic activities.  (34 CFR 104.37)

 

(cf. 6180 – Extracurricular and Cocurricular Activities)

(cf. 6145.5 – Student Organizations and Equal Access)

 

In providing services to students with disabilities under Section 504, the Superintendent or designee shall ensure SBCOE compliance with law, including providing the students and their parents/guardians with applicable procedural safeguards and required notifications. Any dispute as to the identification, evaluation, or placement of any student with a disability shall be resolved in accordance with the processes specified in the “Procedural Safeguards” section of the accompanying administrative regulation.

 

 

Legal Reference:

EDUCATION CODE

49423.5  Specialized physical health care services

52052  Numerically significant student subgroups

52060-52077  Local control and accountability plan

56043  Special education, timelines

56321  Assessment; development of IEP; parental notifications, consent

CODE OF REGULATIONS, TITLE 5

3051.12  Health and Nursing Services

UNITED STATES CODE, TITLE 20

1232g  Family Educational Rights and Privacy Act of 1974

1400-1482  Individuals with Disabilities Education Act

UNITED STATES CODE, TITLE 29

705  Definitions; Vocational Rehabilitation Act

794  Rehabilitation Act of 1973, Section 504

UNITED STATES CODE, TITLE 42

12101-12213  Americans with Disabilities Act

CODE OF REGULATIONS, TITLE 28

35.101-35.190  Nondiscrimination on the basis of disability in state and local government services

CODE OF FEDERAL REGULATIONS, TITLE 34

104.1-104.61  Nondiscrimination on the basis of handicap, especially:

104.1  Purpose to effectuate Section 504 of the Rehabilitation Act of 1973

104.3  Definitions

104.32  Location and notification

104.33  Free appropriate public education

104.34  Educational setting

104.35  Evaluation and placement

104.36  Procedural safeguards

104.37  Nonacademic services

104.7  Responsible employee; grievance procedures

COURT DECISIONS

Christopher S. v. Stanislaus County Office of Education, (2004) 384 F.3d 1205

 

 

Policy Adopted: 4-12-18