REHABILITATION ACT OF 1973 SECTION 504

Congress passed Section 504 of the Rehabilitation Act in 1973. It is a Civil Rights statute designed to prevent discrimination against individuals with disabilities. It provides that:

No other qualified individual with handicaps in the United States... Shall solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance... 29USC794.

The BOOTHBAY-BOOTHBAY HARBOR COMMUNITY SCHOOL DISTRICT declares that it will provide reasonable modifications in the implementation of its policies and practices for students with identified disabilities when considered necessary for the student to benefit from his or her educational program.

The BOOTHBAY-BOOTHBAY HARBOR COMMUNITY SCHOOL DISTRICT also declares that it will provide reasonable modifications in the implementation of its policies and practices for employees or members of the public with identified disabilities when considered necessary for the employee or member of the public to access a service or benefit otherwise available to that person.

The BOOTHBAY-BOOTHBAY HARBOR COMMUNITY SCHOOL DISTRICT shall comply with its ADA/504 obligation to provide appropriate:

1.  Facility Access by either structural or non-structural means.

2.  Program Accessibility by insuring equal opportunity to participate in all programs and activities that take place on school grounds, including basic educational programs.

3.  Equal Effective Communication by ensuring communications are equally accessible to individuals with handicaps and providing notice to such individuals about the existence and location of accessible services, activities and facilities.

4.   Employment by prohibiting discrimination in hiring processes and interviews; reduction in force and; termination and benefits.

Further compliance with ADA/504 obligations shall be met by the BOOTHBAY­ BOOTHBAY HARBOR COMMUNITY SCHOOL DISTRICT providing:

a.   an ADA/504 coordinator

b.   notification of rights

c.   grievance procedure

d.   accommodation plans

e.   self evaluations

f.   continuing public and internal notices

NOTIFICATION   PROCEDURE

The BOOTHBAY-BOOTHBAY HARBOR COMMUNITY SCHOOL DISTRICT has established and implements a policy of nondiscrimination in employment and education practices per Section 504 of the Rehabilitation Act and the Americans with Disabilities ACT (ADA). No discrimination against any person with a disability will knowingly be permitted in any of the programs and practices in this school system. The district shall provide continuing notices of the district' s nondiscriminatory and equal access practices for academic, non-academic and extra-curricular activities.

1.  The CSD shall post continuing internal Notices of Non-discrimination and Notice of Program Accessibility in the school sites and superintendent's office.

2.   The CSD shall provide continuing public Notices of Nondiscrimination and Notice of Program Accessibility as appropriate in district publications

a.   with regards to its employment practices, including advertisement, application and hiring procedures.

b.   on notices for school affiliated activities including, but not limited to, sports, concerts, board meetings, and parent conferences.

NOTICE OF NON-DISCRIMINATION POLICY

The BOOTHBAY-BOOTHBAY HARBOR COMMUNITY SCHOOL DISTRICT does not discriminate on the basis of race, age, color, national origin, sex or physical or mental disability in admission to, access to, treatment in or employment in its programs and activities. The following person has been designated to handle inquiries regarding the nondiscrimination policies:

 Guidance Counselor Boothbay Region High School, 236 Townsend Avenue Boothbay Harbor, ME 04538 (207) 633-2421

Inquiries concerning the application of nondiscrimination policies may also be referred to the Regional Director, Office for Civil Rights, U.S Department of Education. S. W. McCormack POCH Room, Boston, MA 02109-4557.

NOTICE OF PROGRAM ACCESSIBILITY FOR PERSONS WITH DISABILITIES

All programs or activities offered by the BOOTHBAY-BOOTHBAY HARBOR COMMUNITY SCHOOL DISTRICT when viewed in their entirety shall be readily accessible to individuals with disabilities. Information relating to the existence and location of services, activities, and facilities that are accessible to and use able by individuals with disabilities can be obtained by contacting the BRHS Guidance Counselor.

Individuals who need auxiliary aids for effective communication in programs and services are invited to make their needs and preferences known to the ADA/504 BRHS Guidance Counselor.

PARENT/STUDENT RIGHTS NOTICE POLICY

The following is a description of the rights granted by the Rehabilitation Act (Section 504) to students identified as disabled under that law. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions.

You have the right to:

I.   Have your child take part in, and receive benefits from public education programs without discrimination because of his/her disability.

2.  Have the school district advise you of your rights under federal law.

3.   Receive notice from the school with respect to identification, evaluation, educational programs and placement of your child or the filing of a due process hearing.

4.   Have your child receive a free appropriate public education. This include s the right to be educated with non-handicapped students to the maximum extent appropriate. It also includes the right to have the school district make reasonable accommodations necessary for your child to benefit from his or her educational program.

5.   Have your child educated in comparable facilities and receive comparable services to those provided non-disabled students.

6.   Have your child receive special education and related services if your child is found to be eligible under the Individuals with Disabilities Education Act.

7.   Have evaluation, educational, and placement decisions based upon a variety of information sources, and by persons familiar with the student, the evaluations data, and placement options.

8.   Examine all relevant data relating to decisions regarding your child' s identification, evaluation, educational program, and placement.

9.   Obtain copies of educational records at reasonable cost unless the fee would effectively deny you access to the records.

10. A response from the school district to reasonable requests for explanations and interpretations of your child's records.

11. Request amendment of your child's educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the school district refuses this request for amendment, it shall notify you within a reasonable time, and advise you of your right to a hearing.

12. File a grievance through local grievance procedures, file a complaint with the federal Office of Civil Rights, or request an impartial hearing on decisions or actions regarding your child's identification, evaluation, educational program or placement. You and the student may take part in the hearing and have an attorney represent you. Questions about how to request a hearing may be forwarded to the BRHS Guidance Counselor.

13. Have the decisions made by the hearing officers or others reviewed in state or federal court.

14.  Information concerning low-cost or free legal counsel.

 PROGRAMS FOR HANDICAPPED STUDENTS POLICY

It is the responsibility of the BOOTHBAY-BOOTHBAY HARBOR COMMUNITY SCHOOL DISTRICT to identify and evaluate students who, within the intent of Section 504 of the Rehabilitation Act of 1973, need special services or programs in order that such students may receive the required free appropriate public education.

For this policy, a student who may need special services or programs within the intent of Section 504 is one who:

1.  Has a physical or mental impairment that substantially limits one or more major life activities, including learning.

2.  Has a record of such impairment.

3.  Is regarded as having such impairment.

Students may be eligible for services under the provision of Section 504 even though they do not require services pursuant to the Individuals with Disabilities Education Act, P.L. 101-476 (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 Chapter 101 and its regulations and under other state and federal laws and regulations.

INFORMATION REGARDING SECTION 504 OF THE REHABILITATION ACT OF 1973

Section 504 is an act, which prohibits discrimination against any persons with a disability in any program receiving financial assistance. The act defines a person with a disability as anyone who:

1.has a mental physical impairment which substantially limits one or more life activity (Major life activities, include activities such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working).

2. has a record of such impairment.

3. is regarded as having such an impairment.

In order to fulfill its obligation under Section 504, the BOOTHBAY-BOOTHBAY HARBOR COMMUNITY SCHOOL DISTRICT recognized a responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability will knowingly be permitted in any of the programs and practices of the school system.

The school district has specific responsibilities under the act, which include the responsibility to identify, evaluate and, if the child is determined to be eligible under Section 504, to afford access to appropriate education services.

If the parent or guardian disagrees with the determination made by the professional staff of the school district, he/she has the right to a hearing, with an impartial hearing officer.

The Family Educational Rights and Privacy Act (FERPA) also specify rights related to education al records. This act gives the parent or guardian the right to:

1. Inspect and review his/her child's educational records

2. Make copies of these records.

3. Receive a list of all individual s having access to those records.

4. Ask for an explanation of any item in the records.

5.  Ask for an amendment to any report on the grounds that it is inaccurate, misleading, or violates the child' s rights.

6.  A hearing on the issue if the school refuses to make the amendment.

If there are any questions, please feel free to contact the BRHS Guidance Counselor.

GRIEVANCE PROCEDURE FOR PERSONS WITH DISABILITIES

The BOOTHBAY-BOOTHBAY HARBOR COMMUNITY SCHOOL DISTRICT has adopted this grievance procedure to provide a local avenue for persons with disabilities to raise concerns about whether the CSD is fully meeting its obligations under state and federal laws to protect persons with disabilities. Questions about the grievance procedure should be directed to the BRHS Guidance Counselor.

Step One

A person with an identified disability, or someone acting on that person' s behalf, may file a written grievance regarding compliance with state or federal disabilities laws with the building principal where the grievance arose, or with the BRHS Guidance Counselor. If filed with the BRHS Guidance Counselor, that person shall forward it to the appropriate building principal. No grievance will be heard if it involve s actions that occurred more than 60 days prior to the filing of the grievance.

The building principal , after consultation with the BRHS Guidance Counselor, shall respond in writing to the grievance within fifteen (15) working days of its receipt. Extensions of fifteen (15) working days may be allowed if necessary to address fully the issues of the grievance. The principal' s written response shall be forwarded to the grievant and to the BRHS Guidance Counselor.

Step Two

If dissatisfied with the response, the grievant may obtain a review by the superintendent of schools of the principal' s decision.

The grievant must request that review within fifteen (15) working days of the decision by the principal. The superintendent, after consultation with the BRHS Guidance Counselor, shall respond in writing to the grievance within fifteen (15) working days. Extensions of fifteen (15) working days may be allowed when necessary to address fully the issues in the grievance. The superintendent's written response shall be forwarded to the grievant and to the BRHS Guidance Counselor.

Note

Except for grievances regarding physical alterations to school buildings or grounds, the decision of the superintendent shall be final. In the case of grievances regarding physical alterations to school buildings or grounds, a dissatisfied grievant may obtain a review by the school committee of the superintendent's decision.

The grievant must request that review within fifteen (15) working days of the decision by the superintendent. The school committee shall have a reasonable time to schedule a meeting on the grievance and to issue its decision.

Nothing in the grievance procedure in any way forecloses a person with a disability from seeking redress for their concerns at any time through other legal avenues, such as through the Office for Civil Rights, the Department of Justice, the Maine Human Rights Commission or the Department of Education.

Questions about other legal avenues available for persons with disabilities to pursue compliance concerns under various disabilities laws should be directed to the BRHS Guidance Counselor.

Adopted:         11-11-98