Preston County Board of Education
Policy 3-22 - Accessibility (Sect 504, Americans With Disabilities Act)

The purpose of this policy is to comply with Section 504 of the Rehabilitation Act of 1973 and to ensure that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in or be denied the benefits of, or otherwise be subjected to discrimination under any Preston County Schools' program or activity which receives or benefits from Federal financial assistance.

1. "Handicapped person" - A "handicapped person" is one who:

• Has a physical or mental impairment which substantially limits one or more major life activities.

• Has a record of such an impairment, or

• Is regarded as having an impairment.

The term "handicapped person" does not include a student who is currently engaging in the illegal use of drugs. The term "handicapped person' does not exclude students who:
• Have successfully completed a supervised drug rehabilitation program and are no longer engaging in the illegal use of drugs, or have otherwise been rehabilitated successfully and are no longer engaging in such use.

• Are participating in a supervised drug rehabilitation program and are no longer engaging in such use, or

• Are erroneously regarded as engaging in such use, but are not engaging in such use.

2. "Qualified handicapped person" - A qualified "handicapped person" is a "handicapped person" who is:
• Of an age during which non-handicapped persons are provided public pre-school elementary, secondary, or adult educational services.

• Of an age during which it is mandatory under West Virginia law to provide such services to handicapped persons, or

• Entitled to a free appropriate public education from the state of West Virginia under the individuals with Disabilities Education Act.

3. "Physical or mental impairment" - A "physical or mental impairment" means:

• Any psychological disorder or condition. cosmetic disfigurement; or anatomical loss affecting one or more of the following body systems: neurological; muscle; special sense organs, respiratory, including speech organs; cardiovascular: reproductive; digestive; genito-urinary; hemic and lymphatic; skin. and endocrine; or

• Any mental or psychological disorder; such as mental retardation. organic brain syndrome, emotional or mental illness, and specific learning disabilities.

4. "Major life activities" - "Major life activities" means:
• Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing. speaking, breathing, learning, and working.

5. "Has a record of such impairment" - "Has a record of such an impairment" means:

• Has a history of or has been mis-classified as having, a mental or physical impairment which substantially limits one or more major life activities.

6. "Is regarded as having an impairment" - "Is regarded as having an impairment" means:

a. Has a physical or mental impairment that does not substantially limit major life activities but that is treated by Preston County Schools System as constituting such a limitation.

b. Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others to such impairment, or

c. Has none of the impairments defined as a "physical or mental impairment" but is treated by Preston County Schools System has having such an impairment

7. "Handicap" - "Handicap" means:

• Any condition or characteristic that renders a person a "handicapped person."

8. "Free appropriate public education" - A "free appropriate public education" is:

• The provision of regular or special education and related aids and services that are designed to meet the individual educational needs of handicapped persons as adequately as needs of non-handicapped persons are met.

9. "Free education" - A "Free education" means:

• The provision of educational and related services without cost to the handicapped person or to his or her parents or guardian except for those fees that are imposed on non-handicapped persons or their parents or guardian. It may consist either of the provision of free services or, if Preston County Schools System places a handicapped person in or refers such person to a program not operated by Preston County Schools System as its means of carrying out the requirements of these procedures, of payment for the cost of the program. Funds available from any public or private agency may be used to meet the requirements of these procedures. Nothing in this policy shall be construed to relieve an insured or similar third party from an otherwise valid obligation to provide or pay for services provided to a handicapped person.

10. "IDEA" - "IDEA" means:
The individuals with Disabilities Education Act and includes Policy 2419 and other applicable regulations where appropriate.

11. "Substantially limits" means:

When the individual's important life activities are restricted as to the condition, manner or duration under which they can be performed in comparison to most people.

The Superintendent or his designee shall:

1. Provide annual written public notice that Preston County Schools does not discriminate on the basis of disability with regard to admission or access to, or treatment or employment in, its program and activities.

2. Provide annual written internal notice that Preston County Schools does not discriminate on the basis of disability with regard to admission or access to or treatment or employment in its program and activities.

3. Provide annual written public notice that Preston County Schools prohibit retaliation, interference, coercion or intimidation on the basis of disability with regard to admissions or access to or or employment in its organization and activities.

4. Provide annual written internal notice that Preston County Schools prohibit retaliation, interference, coercion or intimidation on the basis of disability with regard to admissions or access to, or treatment or employment in its organization and activities.

5. Provide grievance procedure for disability discrimination complaints that:

a. incorporates due process standards

b. provides prompt equitable resolution

6. Provide reasonable accommodation for disabled employees unless it would demonstrably impose an undue hardship on the operation of the program

7. Utilize employment tests or other selection criteria which do not screen out disabled persons unless these criteria are demonstrably job related and unless effective alternatives are not available.

8. Utilize job application forms and requirements and interview techniques which do not make inquires as whether the applicant is disabled.

9. Ensure that each program and activity is readily accessible to persons with disabilities when viewed in its entirety. This does not require each facility to be accessible to and usable by handicapped persons.

10. Provide facilities for special education that are comparable to regular education facilities.

11. Provide for disabled students an equal opportunity to participate in non-academic and extracurricular services and activities to the maximum extent appropriate.

12. Provide for disabled persons reasonable access to programs or activities of preschool education and adult basic education.

13. Provide for disabled parents meaningful access to school initiated activities incident to the academic and/or disciplinary aspects of their children's education.

The Superintendent or his designee shall:

1. Appoint 504 Committee which must consist of at least three members:

a. school administrator
b. current teacher
C. other appropriate professional staff.

2. Receive referrals to 504 Committee from E/IEP Committee, Home/Hospital Program, Transportation Services, Health Services, Attendance Services, Parents, Agencies, Teaches, and School Service Teams.

3. Provide written notice to parents in the native language informing them of their right to:

a. have an individualized evaluation
b. examine relevant records
c. Request an impartial hearing with the opportunity to be represented by counsel
d. obtain a subsequent review

4. Refer for multidisciplinary evaluation in the native language any student suspected of:
a. having a physical or mental impairment which substantially limits one or more major life activities
b. having a record of such impairment, or
c. is regarded as having such an impairment.

5. Collect appropriate evaluation reports. Evaluation instruments must be validated for the purpose that they are used.

6. If the 504 Committee determines that an evaluation is necessary for students who may be handicapped under Section 504, but not also handicapped under the IDEA, the evaluation procedures must ensure that:

a. Tests and other evaluation materials have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer;

b. Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single intelligence quotient; and

c. Tests are selected and administered so as best to ensure that, when a test is administered to a student with impaired sensory , manual or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever factor the test reports are to measure; rather than reflecting the student's impaired sensory, manual or speaking skills (except where those skills are the factors that the test reports are to measure).

7. Notify by telephone or letter and invite parent to 504 Committee Meeting.

8. Conduct 504 Committee Meeting:

a. Review information to determine as having mental or physical impairment which which substantially limits one or more major life activity.

b. If the 504 Committee determines the student is not handicapped under Section 504, the student's parents will be informed of this finding and notified of their due process rights by giving them a copy of the Preston County Schools System Section 504 procedure.

c. If the 504 Committee determines the student is a "qualified handicapped person" under Section 504, the 504 Committee shall determine whether the student requires services and modification to the education program to allow the student's educational needs to be met as adequately as the education needs of non-handicapped students. If services and modifications are needed, they will be documented in a 504 Plan. If no services and modification are needed, the student's parents will be informed of this finding and notified of their due process rights.

1. When developing a plan, the 504 Committee shall:
a. Draw upon information from a variety of sources including, but not limited to, aptitude and achievement tests, teacher recommendations; physical condition; social or cultural background; and adaptive behavior.

b. Ensure all the evaluation data obtained from outside sources is documented and carefully considered.

c. Ensure the placement decision is made by a group of persons that includes those persons knowledgeable about the student, the meaning of the evaluation data, and the placement options.

d. Ensure the student is placed with non-handicapped students to the maximum extent appropriate to meet the student's needs.

e. The Preston County School System will not be required to fund a student's school for facility where the Preston County School System is able to provide the student with a free appropriate public education within the Preston County School System. Additionally, the Preston County School System will not be required to fund a student's placement at an out-of-state private school or facility unless the Preston County School System cannot provide the student with a free appropriate public education with Preston County, the region, or in West Virginia.

f. The plan shall include:

1. A statement of the handicapping condition
2. Services to be provided
3. Who is responsible for implementation and review
4. Initiation date
5 . Review date

1 . Services shall be implemented in accordance with the date specified in the plan.

2. The plan will be reviewed and updated annually.

G. Re-evaluation

Students who are determined to be a "qualified handicapped person" under Section 504, but not also handicapped under the IDEA must be re-evaluated every three (3) years.

H. Complaint/Due Process Safeguards

An individual may file a written complaint by writing a letter to the Section 504 or ADA and the "Coordinator," stating:

(1) the nature of the complaint; including the alleged violations of Section 504 or ADA and the facts upon which the allegations are based,
(2) the remedy requested; and
(3) signature and date signed by the complaint party.

The written complaint must be filed with the Coordinator within 120 calendar days of the event or incident or within 120 calendar days of the date the individual became aware of such occurrence.

If applicable, the Coordinator will resolve the complaint. If the parties cannot agree on resolution within 15 days of receipt of the written complaint, the Coordinator will conduct an adequate, reliable and impartial investigation as follows:

1. Within 10 days of receipt of the written complaint-
a. The individual will be notified in writing of receipt of the complaint and will be requested to submit any additional information relevant to the investigation, including submission of documents and other evidence and submission of names of witnesses to be interviewed.

b. Preston County School staff directly involved in the allegations will be informed in writing of the complaint and will be requested to submit relevant documents and other evidence, including names of witnesses to be interviewed.

c. Parties will be given 20 days to submit documentation.

2. The Coordinator will conduct an investigation. which will consist of a review of all documentation submitted and interviews of individuals having information relevant to the investigation, including witnesses submitted by the parties.

3. The Coordinator will issue a letter of findings within ninety calendar days of receipt of the written grievance stating:

(1) the allegations;
(2) the remedy sought of the grievant,
(3) individuals interviewed and documents reviewed,
(4) statement of the findings of fact.
(5) a statement of the conclusions of the investigation; and
(6) the actions to be taken to correct any violations found and to prevent the recurrence of such violations.

4. With the agreement of all parties, the time line for completing the investigation and issuing the report may be extended.

5. A copy of letter of findings will be provided to the complaint party, the principal and the superintendent.

A party not satisfied with the decision may make a written appeal to the State Superintendent of Schools within 90 calendar days of the issuance of the letter of findings.

1. Within 10 days of receipt of the request for review of the letter of findings and decision, the State Superintendent or designee shall notify all parties of the appeal and of their right to submit additional relevant information for consideration.

2. The State Superintendent or designee shall review the letter of finding, review any additional information submitted and issue a written decision within 45 calendar days.

3. The decision of the State Superintendent is final. A party not satisfied with the decision may appeal to the U.S. Department of Education or a court of competent jurisdiction.

Options for Complainant

Employees of WVDE may file a grievance under the employee grievance procedure required by Article 29, Chapter 19 of the Code of West Virginia.

An individual may at any time file a complaint with the Office for Civil Rights, 3535 Market Street, Room 6300. Philadelphia. PA 19104.

A due process hearing may be filed for Section 504 issues with respect to actions regarding the identification. evaluation or educational placement of public school students, who because of disability, need or are believed to need special instruction or related services. A hearing request addressing issues under both the Individuals with Education Act and Section 504 for an individual student filed with the WVDE will be treated as one due process hearing.

ADOPTED: January 28, 1997, July 12, 1999.
Under review: Summer, 2000

Return to the Policy Index Page

Return to the Front Page