Section 504 & Title II

SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE AMERICANS WITH DISABILITIES ACT OF 1990

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) prohibits discrimination against individuals with a disability in any program receiving Federal financial assistance. Similarly, Title II of the Americans with Disabilities Act of 1990 (“Title II” or “ADA”) prohibits discrimination against individuals with a disability by state and local governments. To be protected under Section 504 and the ADA (“collectively, “Section 504/ADA”), an individual must (1) have a physical or mental impairment that substantially limits one or more major life activities; (2) have a record of such an impairment; or (3) be regarded as having such an impairment.

In order to fulfill its obligation under Section 504/ADA, LEARN recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel, students, parents/guardians and members of the public who participate in school sponsored programs. In this regard, LEARN prohibits discrimination against any person with a disability in any of the services, programs or activities of the school system.

A student’s local educational agency (LEA) has specific responsibilities under Section 504 to identify, evaluate and provide an educational placement for students who have a physical or mental impairment that substantially limits a major life activity. The LEA’s obligation includes providing access to a free appropriate public education (“FAPE”) for students determined to be eligible under Section 504/ADA. Under Section 504, FAPE is defined as the provision of regular or special education and related services that are designed to meet the individual educational needs of a student with a disability as adequately as the needs of students without disabilities are met, and that are provided without cost (except for fees imposed on nondisabled students/parents). LEARN is obligated to implement FAPE for enrolled, eligible students, where a LEARN school has been determined to be an appropriate placement, and will collaborate with LEAs in determining appropriate programming for eligible students.

If the parent/guardian of a student disagrees with the decisions made by the professional staff of the LEA with respect to the identification, evaluation or educational placement of his/her child, the parent/guardian has a right to request an impartial due process hearing. Any such complaints received by LEARN will be forwarded to the local educational agency.

In addition, a student or parent/guardian of a student may also file an internal grievance/complaint on any type of discrimination on the basis of disability by or within LEARN by utilizing the grievance/complaint procedures outlined in the Board’s Administrative Regulations Regarding Students and Section 504 of Rehabilitation Act of 1973 and Title II of Americans with Disabilities Act, and/or may file a complaint with the Office for Civil Rights, U.S. Department of Education (“OCR”):

Office for Civil Rights, Boston Office

U.S. Department of Education

8th Floor

5 Post Office Square

Boston, MA 02109- 3921

(617) 289-0111

Anyone who wishes to file a grievance/complaint with LEARN, or who has questions or concerns about this policy, should contact Associate Executive Director of Student Support Services, the Section 504/ADA Coordinator for LEARN, at phone number 860-400-0840 or 860-434-4800.

Legal References:

29 U.S.C. §§ 705, 794 34

C.F.R. Part 104 42

U.S.C. § 12101 et seq.

28 C.F.R. Part 35

Protecting Students with Disabilities, Frequently Asked Questions About Section 504 and

the Education of Children with Disabilities, Office for Civil Rights (March 17, 2011),

available at http://www.ed.gov/about/offices/list/ocr/504faq.html

Dear Colleague Letter, United States Department of Education, Office for Civil Rights

(January 19, 2012)

Adopted: October 12, 2017

Revised: March 14, 2019

LEARN