521 Policy: Student Disability Nondiscrimination

1. PURPOSE
   
   The purpose of this policy is to protect students with disability from discrimination on the basis of disability and to identify and evaluate learners who, within the intent of Section 504 of the Rehabilitation Act of 1973, need services, accommodations, or programs in order that such learners may receive a free appropriate public education.
    
2. GENERAL STATEMENT OF POLICY
    
   1. Students with disabilities who meet this criteria are protected from discrimination on the basis of a disability.
       
   2. The responsibility of the school district is to identify and evaluate learners who, within the intent of Section 504, need services, accommodations, or programs in order that such learners may receive a free appropriate public education.
       
   3. For this policy, a learner who is protected under Section 504 is one who:
      1. has a physical or mental impairment that substantially limits one or more of such person’s major life activities; or
          
      2. has a record of such an impairment; or
          
      3. is regarded as having such an impairment.
          
      4.  has an impairment that is episodic or in remission and would materially limit a major life activity when active.
          
   4. Learners may be protected from disability discrimination and be eligible for services, accommodations, or programs under the provisions of Section 504 even though they are not eligible for special education pursuant to the Individuals with Disabilities Education Act.
       
   5. Failure to engage in the process to determine if a reasonable accommodation exists 
      that would allow people with disabilities as defined in Minnesota Statutes, section 363A.03, subdivision 12, to participate fully in education may be an unfair discriminatory practice under the Minnesota Human Rights Act.
       
3. COORDINATOR
   
   Persons who have questions or comments should contact the Superintendent’s Designee. This person is the school district’s Americans with Disabilities Act/Section 504 coordinator.

Legal References
Minn. Stat. § 363A.03, Subd. 12 (Definitions)
Minn. Stat. § 363A.02, Subd. 1 (Public Policy)
42 U.S.C. Ch. 126 (Equal Opportunity for Individuals with Disabilities)
29 U.S.C. § 794 et seq. (Rehabilitation Act of 1973, § 504)
34 C.F.R. Part 104 (Section 504 Implementing Regulations)

Cross References:       
MSBA/MASA Model Policy 402 (Disability Nondiscrimination)