EQUAL EDUCATIONAL OPPORTUNITY BOARD POLICY SECTION 504
PINEYWOODS COMMUNITY ACADEMY BOARD POLICY
POLICY GROUP 3 – STUDENTS
EQUAL EDUCATIONAL OPPORTUNITY PG-3.1
SEC. 1. STATEMENT OF NONDISCRIMINATION
Pineywoods Community Academy does not exclude from participation in, deny the benefits of,
or subject to discrimination on the basis of race, religion, color, national origin, sex, age,
disability, or relationship or association with an individual with a disability in providing
educational services, activities, and programs, including vocational and career technology
programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; the
Individuals with Disabilities Education Act, as amended; Title IX of the Educational
Amendments of 1972, as amended; the Americans with Disabilities Act (“ADA”), as amended,
and Section 504 of the Rehabilitation Act of 1973, as amended.
SEC. 2. GRIEVANCE PROCEDURES
Pineywoods Community Academy shall adopt and public grievance procedures for prompt and
equitable resolution of student complaints alleging discrimination under applicable law. 34 CFR
106.8 (Title IX); 34 CFR 104.7 (Section 504). The Superintendent or designee shall ensure that
such grievance procedures are distributed and otherwise made available to parents and students.
a) ADA/Section 504 Coordinator
Reports of discrimination based on disability may be directed to the ADA/Section 504
Coordinator. Pineywoods Community Academy designates the following person(s) to coordinate
its efforts to comply with the requirements of Section 504 of the Rehabilitation Act of 1973, as
amended: Marilyn Hankla, 936-630-9085: 602 South Raguet, Lufkin, Texas 75901
SEC. 3. EQUAL EDUCATIONAL OPPORTUNITY
Pineywoods Community Academy shall provide necessary services and supports to provide
students equal access to educational opportunities. Certain instructional or other
accommodations, including on state-mandated assessments, may be made when necessary, when
allowable, and when these accommodations do not modify the rigor or content expectations of a
subject, course, or assessment.
If Pineywoods Community Academy has reason to believe that a student has a disability that
may require additional services and supports in order for the student to receive an appropriate
education as this term is defined by law, Section 504 and/or the Individuals with Disabilities
Education Act (“IDEA”) shall govern the evaluation, services, and supports provided by
Pineywoods Community Academy.
SEC. 4. COMPLAINTS
Except as otherwise provided in Policy or Procedure, allegations of unlawful discrimination,
prohibited harassment, or retaliation shall be made under PG-XX (Freedom from Discrimination,
Harassment, and Retaliation).
Complaints concerning identification, evaluation, or educational placement of a student with a
disability within the scope of Section 504 shall be filed under the General Provisions of PG-XX,
except that the deadline for filing an initial Level One grievance shall be twenty (20) school
days.
SEC. 5. RETALIATION
Pineywoods Community Academy shall not coerce, intimidate, threaten, retaliate against, or
interfere with any person who attempts to assert a right protected by the above laws or
cooperates with investigation and enforcement proceedings under these laws. 34 CFR 100.7(e)
(Title VI), 104.61 (Section 504), 106.71 (Title IX).
SEC. 6. DISABILITY DISCRIMINATION
Under the ADA, no qualified individual with a disability shall, by reason of such disability, be
excluded from participation in or be denied the benefits of the services, programs, or activities of
Pineywoods Community Academy, or be subjected to discrimination by Pineywoods
Community Academy. 42 U.S.C.A. 12132; 28 CFR 35.130.
Under Section 504, no otherwise qualified individual with a disability shall, solely by reason of
his or her disability, be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity receiving federal financial assistance.
a) Student with a Disability
A “student with a disability” is one who has a physical or mental impairment that substantially
limits one or more of the student’s major life activities, has a record of having such an
impairment, or is being regarded as having such an impairment.
The determination of whether an impairment substantially limits a major life activity shall be
made without regard to the ameliorative effects of mitigating measures, such as medication,
medical supplies, low-vision devices (which do not include ordinary eyeglasses or contact
lenses), prosthetics, hearing aids, mobility devices, oxygen therapy, assistive technology, or
learned behavioral or adaptive neurological modifications.
An impairment that substantially limits one major life activity need not limit other major life
activities in order to be considered a disability. An impairment that is episodic or in remission is
a disability if it would substantially limit a major life activity when active.
A student meets the requirement of being “regarded as” having an impairment if the student
establishes that he or she has been subjected to a prohibited action because of an actual or
perceived physical or mental impairment whether or not the impairment limits or is perceived to
limit a major life activity. This provision does not apply to impairments that are transitory or
minor. A transitory impairment one with an actual or expected duration of six months or fewer.
29 U.S.C. 705(20)(B), 42 U.S.C. 12102(1), (3)–(4).
b) Qualified Individual with a Disability
The term “qualified individual with a disability” means an individual with a disability who, with
or without reasonable modifications to rules, policies, or practices, the removal of architectural,
communication, or transportation barriers, or the provision of auxiliary aids and services, meets
the essential eligibility requirements for the receipt of services or the participation in programs or
activities provided by Pineywoods Community Academy 42 U.S.C. 12131(2).
c) Major Life Activities
“Major life activities” include caring for oneself, performing manual tasks, seeing, hearing,
eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating, and working. “Major life activity” also includes the
operation of major bodily functions, including functions of the immune system, normal cell
growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine,
and reproductive functions. 42 U.S.C. 12102(2).
d) Reasonable Modification
s Pineywoods Community Academy hall make reasonable modifications in policies, practices, or
procedures when the modifications are necessary to avoid discrimination on the basis of
disability, unless Pineywoods Community Academy can demonstrate that making the
modifications would fundamentally alter the nature of the service, program, or activity. 28 CFR
35.130(b)(7).
e) Direct Threat
“Direct threat” means a significant risk to the health or safety of others that cannot be eliminated
by a modification of policies, practices or procedures, or by the provision of auxiliary aids or
services as provided below.
Pineywoods Community Academy is not required to permit an individual to participate in or
benefit from the services, programs, or activities o Pineywoods Community Academy f when
that individual poses a direct threat to the health or safety of others.
In determining whether an individual poses a direct threat to the health or safety of others
Pineywoods Community Academy, must make an individualized assessment, based on
reasonable judgment that relies on current medical knowledge or on the best available objective
evidence, to ascertain:
1. The nature, duration, and severity of the risk;
2. The probability that the potential injury will actually occur; and
3. Whether reasonable modifications of policies, practices, or procedures or the provision of
auxiliary aids or services will mitigate the risk.
28 CFR 35.139.
f) Free Appropriate Public Education (“FAPE”)
s Pineywoods Community Academy hall provide a free appropriate public education to each
qualified student with a disability within Pineywoods Community Academy’s jurisdiction,
regardless of the nature or severity of the student’s disability. A student with a disability is
“qualified” if he or she is between the ages of three and 21. An appropriate education is the
provision of regular or special education and related services that are:
1. Designed to meet the student’s individual educational needs as adequately as the needs of
students who do not have disabilities are met; and
2. Based on adherence to procedures that satisfy federal requirements for educational
setting, evaluation and placement, and procedural safeguards, as set forth below.
34 CFR 104.33(b).
g) Educational Setting
Pineywoods Community Academy all place a student with a disability in the regular educational
environment, unless Pineywoods Community Academy demonstrates that education in the
regular environment with the use of supplemental aids and services cannot be achieved
satisfactorily. 34 CFR 104.34(a).
In providing or arranging for nonacademic and extracurricular services and activities.
Pineywoods Community Academy shall ensure that a student with a disability participates with
students who do not have disabilities to the maximum extent appropriate to the needs of the
student with a disability. 34 CFR 104.34(b), 104.37.
h) Evaluation and Placement
Pineywoods Community Academy shall establish standards and procedures for the evaluation
and placement of persons who, because of disability, need or are believed to need special
education and related services. Pineywoods Community Academy shall conduct an evaluation
before the initial placement, or any significant change in placement, of the student. 34 CFR
104.35.
i) Military Dependents
In compliance with the requirements of Section 504, and with Title II of the ADA, Pineywoods
Community Academy shall make reasonable accommodations and modifications to address the
needs of incoming military dependents with disabilities, subject to an existing Section 504 or
Title II Plan, to provide the student with equal access to education. This does not preclude
Pineywoods Community Academy from performing subsequent evaluations to ensure
appropriate placement of the student. Education Code 162.002 art. V, C.
j) Procedural Safeguards
Pineywoods Community Academy shall establish a system of procedural safeguards with respect
to the identification, evaluation, and educational placement of persons who need or are believed
to need special instruction or related services.
The system shall include notice, an opportunity for the student’s parent or guardian to examine
relevant records, an impartial hearing with the opportunity for participation by the student’s
parents or guardian and representation by counsel, and a review procedure. Compliance with the
procedural safeguards of IDEA is one means of meeting this requirement. 34 CFR 104.36.
SEC. 7. HOMELESS CHILDREN
s Pineywoods Community Academy hall adopt policies and practices to ensure that homeless
children are not stigmatized or segregated on the basis of their homeless status.
a) Liaison
Pineywoods Community Academy shall designate an appropriate staff person as the liaison for
homeless children. Pineywoods Community Academy shall inform school personnel, service
providers, and advocates working with homeless families of the duties of the liaison. 42 U.S.C.
11432(g)(1)(J)(i), (ii), (g)(6)(B).
SEC. 8. DISCRIMINATION ON THE BASIS OF SEX
No person shall, on the basis of sex, be excluded from participation in, denied the benefits of, or
be subjected to discrimination by Pineywoods Community Academy 20 U.S.C. 1681(a).
Pineywoods Community Academy shall not provide any course or otherwise carry out any of its
educational programs or activities separately on the basis of sex, or require or refuse
participation therein on the basis of sex, including health, physical education, industrial,
business, vocational, technical, home economics, music, and adult education courses. 34 CFR
106.34.
34 CFR 106.41.
SEC. 9. SECTION 504 COMMITTEES
Pineywoods Community Academy shall form Section 504 committees as necessary. The Section
504 coordinator and members of each Section 504 committee shall receive training in the
procedures and requirements for identifying and providing educational and related services and
supports to a student who has a disability that results in a substantial limitation of a major life
activity.
Each Section 504 committee shall be composed of a group of persons knowledgeable about the
student, the meaning of the evaluation data, placement options, and the legal requirements
regarding least restrictive environment and comparable facilities for students with disabilities.
a) Referrals
Pineywoods Community Academy
If a teacher, school counselor, administrator, or other employee has reason to believe that a
student may have a disability as defined by Section 504, s Pineywoods Community Academy
hall evaluate the student. A student may also be referred for evaluation by the student’s parent.
b) Notice and Consent
Pineywoods Community Academy shall seek written parental consent prior to conducting a
formal evaluation. Ordinary observations in the classroom or other school setting shall not
require prior parental consent.
c) Evaluation and Placement
The results of an evaluation shall be considered before any action is taken to place a student with
a disability or make a significant change in placement in an instructional program. The
Superintendent shall ensure that’s Pineywoods Community Academy procedures for tests and
other evaluation materials comply with the minimum requirements of law. In interpreting
evaluation data and when making decisions related to necessary services and supports, each
Section 504 committee shall carefully consider and document information from a variety of
sources in accordance with law.
d) Review and Reevaluation Procedure
To address the periodic reevaluation requirement of law, Pineywoods Community Academy
shall adhere to the reevaluation timelines in the IDEA regulations.
A parent, teacher, or other e Pineywoods Community Academy mployee may request a review of
a student’s services and supports at any time, but a formal reevaluation shall generally occur no
more frequently than once a year.
e) Examining Records
A parent shall make any request to review his or her child’s education records to the campus
principal or other identified custodian of records.
f) Right to Impartial Hearing
A parent shall be given written notice of the due process right to an impartial hearing if the
parent has a concern or complaint about Pineywoods Community Academy’s actions regarding
the identification, evaluation, or educational placement of a student with a disability. The
impartial hearing shall be conducted by a person who is knowledgeable about Section 504 issues
and who is not employed by Pineywoods Community Academy are related to a member of the
Board in a degree that would be prohibited under the nepotism statute. The impartial hearing
officer is not required to be an attorney. The parent shall be entitled to legal representation at the
impartial hearing. 34 CFR 104.36.
g) Records Retention
Records specific to identification, evaluation, and placement as these pertain to Section 504 shall
be retained by Pineywoods Community Academy in accordance with law and Pineywoods
Community Academy’s local records retention schedules.
SEC. 10. SERVICE ANIMALS (FEDERAL LAW REQUIREMENTS)
“Service animal” means any dog that is individually trained to do work or perform tasks for the
benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual,
or other mental disability. Other species of animals, whether wild or domestic, trained or
untrained, are not service animals for the purposes of this definition, unless otherwise allowed by
Board Policy. The work or tasks performed by a service animal must be directly related to the
handler’s disability. 28 C.F.R. 35.104.