| Palos Verdes Peninsula
Administrative Regulation AR 6164.6 Instruction
Identification And Education Under Section 504 Purpose
It is the intent of the Palos Verdes Peninsula Unified School District (PVPUSD) to provide a free, appropriate public education to each disabled student within its jurisdiction, regardless of the nature or the severity of the disability.
It is the further intent of the district to ensure that students who are disabled within the meaning of Section 504 of the Rehabilitation Act of 1973, are identified, evaluated, and provided with the required appropriate education, i.e., regular or special education and related aids and services that are designed to meet the needs of each disabled person as adequately as the needs of nondisabled persons.
Students who, because of disability need or are believed to need special education or related services are addressed under this policy. Under this policy, a disabled student is one who (a) has a physical or mental impairment that substantially limits one or more major life activities, Including learning; (b) has a record of such an impairment; or (c) is regarded as having such an impairment. (34 C.F.R. 104.30(j)). Students may be disabled under Section 504 and this policy even though they do not require services pursuant to the Individuals with Disabilities Education Act (IDEA).
Identification and Referral Procedures
1. Students, who, because of disability. need or are believed to need special education or related services in order to receive a free appropriate public education may be referred by a parent/guardian, teacher, other certificated school employee, or community agency the Student Study Team (SST) for identification and evaluation of the student's individual education needs.
2. Decisions regarding qualified disabled persons will be made by a group of persons, including persons knowledgeable about the child, the ' meaning of evaluation data (if appropriate), and the options available to the student. Referrals made by the SST will be considered and a decision will be made by the team as to whether or not an evaluation pursuant to 34 CM 104.35 is appropriate.
Evaluation
1. The district shall conduct an evaluation of any student who. Because of disability, needs or is believed to need special education or related services before taking any action with respect to the initial placement of the student in a regular or special education program.
2. Evaluation of qualified disabled students within the meaning of Section 504 along with formulation of a plan for reasonable accommodations will be carried out by the SST.
3. The district will conduct an evaluation of a qualified disabled student prior to any subsequent significant change in placement after an initial placement in a regular or special education program.
Evaluation Procedures
1. Tests and other evaluation materials used will be validated for the specific purpose for which they are used and be administered by trained personnel in conformance with the Instructions provided by their producer;
2. Tests and other evaluation materials utilized will include those tailored to assess specific areas of educational need, not merely those which are designed to provide a single general intelligence quotient;
3. Tests will be selected and administered to best ensure that, when a test is administered to a student with impaired sensory, manual or speaking skills, the tests results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).
4. No final determination of whether the student will or will not be identified as a disabled individual within the meaning of Section 504 of the Rehabilitation Act will be made by the SST without first inviting the parent or guardian of the student to participate in a meeting, the purpose of which is to make such a determination.
5. A final decision will be made by the SST in writing and the parents or guardian of the student shall be notified of the Section 504 procedural safeguards available to them, including the right to an impartial hearing and review as described in the Procedural Safeguard section of this regulations.
Plan for Services
1. For students who have been identified as disabled within the meaning of Section 504 and in need of special education or related aids and services, the SST shall be responsible for determining what special services are needed to ensure that the student receives a free, appropriate education.
2. In making this determination the SST shall consider all available relevant information, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior. These include but are not limited to comprehensive assessments conducted by the district's professional staff.
3. The parents/guardians shall be invited to participate in the SST meeting where services for the student will be determined, all relevant records upon which this determination is made will be available to the parents/guardians at the SST meeting.
4. The SST will determine a written plan describing the disability and the special educational-related services needed. The plan will include how regular or special education and related aids and service will be provided, and by which discipline.
5. The SST may determine that no special educational-related services are appropriate. In this instance, the record of the SST proceedings will, reflect the identification of the student as a disabled person and state the basis for the decision that no special education or related services are presently needed.
6. In all cases, a disabled student requiring related aids and services shall be placed in the regular educational environment unless the district demonstrates that the education of the individual in the regular environment with the use of supplementary aid and services cannot be achieved satisfactorily. Disabled students shall be educated with those who are not disabled to the maximum extent appropriate to the individual needs o the student.
7. The SST shall notify the parent/guardian of the student in writing of its final decision concerning the services to be provided.
8. If a plan for providing related services is developed, this plan shall be included in the student's cumulative folder. All district personnel who work with the student will be informed of the plan.
Review of Student Progress
The SST will monitor the progress of the disabled student and the effectiveness of the plan annually, to determine whether special education or related services are appropriate and necessary, and to assure that the agreed to regular or special education and related aids and services are being provided as needed, to ensure the disabled student's needs are met as adequately as the needs of non-disabled students.
Procedural Safeguards
1. The parents or guardians shall be notified in writing of all district decisions concerning the identification, evaluation, or educational placement of students made under this policy.
2. As to such decision, parents and guardians shall have the right to an impartial hearing (Section 504 Hearing). with opportunity for participation by the parents or guardians and their counsel.
3. Parents and guardians have the right to review relevant records regarding the child.
4. In the notification of any district decision concerning identification, evaluation or placement, the parents or guardian will be advised of the right to appeal any decision. The notification will set forth the procedures for filing a request for a Section 504 Hearing; the title of the person with whom they shall make any such request. and his or her address and phone number: the procedures the district will utilize to conduct the hearing, and the fact that reimbursement for attorneys' fees is available only as authorized by law.
a. A request for hearing must be directed to the district Section 504 Coordinator at:
Palos Verdes Peninsula Unified School District Section 504 Coordinator Director of Pupil Services 3801 Via La Selva Palos Verdes Estates, CA 90274-1119 (310) 378-9974
b. A request for hearing must be filed within 30 calendar days of the date of the notification of the district decision. This time frame will be renewed upon a request for an IEP meeting and shall be extended for good cause shown.
c. Within seven calendar days of the receipt of a timely written request for a hearing, the Section 504 Coordinator will offer a District Review as an alternative resolution procedure. If the option is rejected, the Section 504 Coordinator will select an impartial hearing officer within 15 calendar days of receipt of the request for hearing as provided in (d.) below. If the parties mutually agree to a District Review, they will proceed under the alternative resolution option as follows:
(1) The Section 504 Coordinator, and any other district personnel deemed necessary, shall conduct any investigation needed to resolve the issue including Interviews with appropriate witnesses and a review of all relevant documents.
(2) Within 15 calendar days of the mutual agreement to pursue an alternative resolution. the Section 504 Coordinator will respond to the parent or guardian in writing. Additional time may be allowed for resolution with the informed consent of the party requesting the hearing.
(3) In the event that the matter is not resolved at the District Review, the matter will be referred to an impartial hearing officer.
d. Within 20 calendar days of receipt of a timely written request for hearing. the Section 504 Coordinator will select an impartial hearing officer in each case for which a hearing has been requested.
e. Either party to the hearing may request the hearing officer to grant a continuance. The continuance may be granted upon a showing of good cause or by mutual concurrence of the parties.
f. Within 45 calendar days of the selection of the hearing officer. the hearing on the appeal shall be conducted and a written decision mailed to the parties. In the event that there has been a continuance in the proceeding, the time frame will be extended by the length of time of the continuance.
5. The district shall maintain a. list of hearing officers who are qualified and willing to conduct 504 hearings. The district will designate a hearing officer from the list in each case for which a hearing has been requested.
6. Each hearing officer on the district list must be impartial, (e.g., not employed by or under contract in any capacity other than as a hearing officer with the district or any other district or agency that shares contractual arrangement for provision of services to handicapped children, and not a member of the district Board of Education).
The district shall be responsible for providing the hearing officer and the costs associated with conducting the hearing. Attorneys fees. expert witness fees and other costs incurred by the parent/guardian remain the responsibility of the parent/guardian unless otherwise authorized by law.
7. In instances where a state due process hearing has already been held under the IDEA concerning issues relevant to the Section 504 proceeding, the Section 504 hearing officer shall, at the request of either party, accept into the record as evidence, copies of the transcript of testimony and documents submitted in the state due process hearing. The Section 504 hearing officer shall then provide opportunity for the submission of additional evidence by the parties that is relevant to a determination of the issues under Section 504. The Section 504 hearing officer's jurisdiction shall be limited to Section 504 issues and shall not extend to a determination of eligibility for special education or special education assessment or placement under IDEA.
8. Any party to the Section 504 hearing shall be afforded the following rights:
a. The right to be accompanied and advised by counsel and/or by individuals with special knowledge or training relating to handicapped children.
b. The right to present evidence, written argument. and oral argument.
c. The right to confront and cross examine witnesses.
d. The right to a written or electronic verbatim record of the hearing at the expense of the individual requesting or requiring such record.
e. The right to written findings of fact and conclusions of law. The right to prohibit the introduction of evidence at the hearing that has not been disclosed to the other party or parties at least five (5) calendar days prior to the hearing, except for good cause shown.
9. The Section 504 hearing officer shall render a decision de novo pursuant to the legal standards set forth in Section 504 (34 C.F.R. 104.1) and court decisions interpreting the statute. All parties shall be notified in writing of the decision. Either party may seek review of the decision of the Section 504 hearing officer in a court of competent jurisdiction.
10. The parties shall abide by the decision of the Section 504 Hearing Officer unless the decision is appealed to a federal court of competent jurisdiction AND the decision is stayed by the court.
Regulation PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT approved: May 24, 2001 Palos Verdes Estates, California |