CODE: 6121R
SECTION: INSTRUCTION
AFFIRMATIVE ACTION: EDUCATIONAL PROGRAM ACCESS AND ACCOMMODATION (PROCEDURES)
The following regulations are set forth for the implementation of 504/ADA due process compliance.
A. Identification and Referral Procedures
1. Any student who needs, or is believed to need, special accommodations, related services or programs under Section 504 of the Rehabilitation Act of 1973, may be referred to the Pupil Assistance/504 Committee.
2. The Pupil Assistance/504 Committee shall be composed of persons knowledgeable about the student’s school history, the student’s individual needs, the meaning of evaluation data, and the placement options.
3. The student’s parent or person in parental relationship shall be notified of the Pupil Assistance/504 Committee meetings at least 10 calendar days prior to the meeting and invited to participate in it.
4. The Pupil Assistance/504 Committee shall consider all relevant information on the student to determine whether he/she is disabled under Section 504. Information may include reports from physicians, observations from parents, teachers, school personnel, results of standardized tests, etc.
5. The Pupil Assistance/504 Committee shall determine whether the student is disabled under Section 504, and, if so, develop a written education plan describing what accommodations, services, or programs will be provided to meet the student’s needs.
6. The student’s parent or person in parental relationship shall be notified in writing, by the Pupil Assistance/504 Coordinator, of the Pupil Assistance/504 Committee’s determination and recommendation.
B. Review of the Student’s Progress and Evaluations
The Pupil Assistance/504 Committee shall meet periodically to review the student’s progress. In addition, prior to any significant change in placement, a reassessment of the student’s needs shall be conducted.
C. Notification
1. The parents or guardian shall be notified in writing of all District decisions concerning the identification, evaluation, or educational placement of students made under this policy.
2. The parents or guardian shall be notified that they may examine relevant records.
D. Section 504/ADA Due Process Hearing Procedures
Upon the notification of any West Milford Township School District decision concerning identification, evaluation, or placement, the parents or guardian will be advised that a Section 504 request for a due process hearing may be made within 30 days. The request shall be made to the District 504 Compliance Officer with a copy to the building principal of the school which the student attends.
An impartial due-process hearing will be utilized to resolve differences involving the education of a Section 504 qualified handicapped student when such differences cannot be resolved by means of a less formal procedure. In this instance, due process is defined as an opportunity to present objections and reasons for the objections to the decision and/or procedures of the committee regarding application of Section 504. A Section 504 due-process hearing may be called at the request of the District or a parent, guardian, or surrogate of an affected student. The proceedings will be presided over and decided by the hearing officer, who shall be the District 504 Compliance Officer.
Requests for a due-process hearing must be submitted in writing to the hearing officer at the West Milford Board of Education, 46 Highlander Drive, West Milford, New Jersey 07480.
Hearing notifications to the parents shall be given at least twenty (20) calendar days prior to the date set for the hearing. The notice shall contain:
1. A statement of the time, place, and nature of the hearing.
2. A statement of the availability of relevant records for examination.
3. A short and plain statement of the matters asserted.
4. A statement of the right to be represented by counsel.
All written correspondence shall be provided in English and/or interpreted in the student/parent’s primary language. In cases where there are language differences, an interpreter shall be provided.
Parents involved in the hearing will be given the right to have the student present at the hearing and to open the hearing to the public with prior notification to the District.
The hearing officer shall review all relevant facts concerning the education placement and shall ascertain whether:
1. The procedures utilized in determining the student’s needs have been appropriate in nature and degree.
2. The student’s rights have been fully observed.
3. The provision of aids, services, or programs to the student may afford a free and appropriate education.
Decision of the Hearing Officer
A copy of the hearing officer’s decision shall be delivered to the Superintendent, the parent, guardian, or surrogate, and the building principal of the school which the student attends within 10 days following completion of the hearing, which in no event shall be later than forty-five (45) days after receipt of the request for a hearing.
Notification will include a statement that either party may appeal the decision.
Appeal
If the parent is not satisfied with the decision of a Section 504 hearing officer, the complainant may request in writing a hearing by the Board of Education.
The Board, after reviewing all material relating to the case, will either provide the complainant with its written decision or grant a hearing before the Board. The Board President may designate a committee to meet with the grievant. The complainant shall be advised, in writing, of the Board’s decision, no more than 30 days following the hearing.
First Reading: December 12, 2000
Adopted: December 19, 2000