FILE:  IDDFB

 

SPECIAL EDUCATION

SECTION 504

 

 

The Concordia Parish School Board assures a free and appropriate public education be provided each qualified disabled student within its jurisdiction, regardless of the nature or severity of the handicap.

 

The Concordia Parish School Board further requires that annually individuals who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973, as amended, shall be located, identified, evaluated and provided with appropriate educational services.  Students may be disabled under this policy even though they do not qualify for services pursuant to the Individuals with Disabilities Education Act (IDEA).

 

The Concordia Parish School Board and its agents shall comply with the procedural safeguards under Section 504 with respect to actions regarding the identification, evaluation, or placement of qualified individuals.  Persons with disabilities, their advocacy organizations and other interested individuals are invited to submit written comments to the Concordia Parish School Board office.

 

The Special Education Director shall be the coordinator of Section 504 activities for the Concordia Parish School Board, (318) 336-4226.  The contact person at each school shall be the building principal.

 

SECTION 504 GRIEVANCE PROCEDURE

 

The Concordia Parish School Board has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by THE OFFICE OF CIVIL RIGHTS regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794).  Section 504 states, in part that "no otherwise qualified handicapped individual ... shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance ..."

 

Complaints shall be addressed to the Special Education Director (318) 336-4226, who has been designated to coordinate Section 504 compliance efforts.

 

  1. A written complaint shall be filed containing the name, address and telephone number of the person filing it as well as that person's relationship with the School Board (i.e., employer, parent, student, etc.), and briefly describe the alleged violation of the regulations.  If the filing person is not the complainant, the name of the individual who is the subject of the alleged Section 504 violation shall be given, this person's address and telephone number, and the identification of the school the individual is associated with shall be part of the descriptive narrative.

  2. A complaint must be filed within thirty (30) calendar days after the complainant, or the individual formally filing said complaint, becomes aware of the alleged violation, otherwise the complainant waives his/her right of action.  The only exception would be if mitigating circumstances exist such as, lack of knowledge, fraud, or duress, in which case an equitable amount of time shall be allowed on a case by case basis.

  3. An investigation, as may be appropriate, will follow a filing of complaint.  The investigation will be conducted by the 504 coordinator.  These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit written evidence relevant to a complaint.  All written evidence, whenever received, shall be stamped as of the date received and shall be made available to all parties to the complaint.

    Under the OFFICE OF CIVIL RIGHTS regulations, the Concordia Parish School Board will not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.

 

  1. A written determination as to the validity of the complaint and a description of the resolution, if any, will be issued by the hearing officer and a copy forwarded to the complainant no later than fifteen (15) working days after its filing.

  2. The Section 504 coordinator will maintain the files and records of the Concordia Parish School Board relating to the complaints filed.

  3. The complainant (if dissatisfied) can request a reconsideration of the case.  The request for reconsideration must be made within fifteen (15) working days to the Concordia Parish School Board attorney.  The person handling the appeal shall render a written decision within fifteen (15) working days of the receipt of the complete file.  The STANDARD OF REVIEW for the appeal shall be that of arbitrary and capricious, that is, the review officer shall not take new evidence, but shall judge the initial hearing officer's decision only as to whether or not he/she had a valid objective reason for the decision and that the decision was fairly rendered, considering all equal protection ramifications.

  4. The right of a person to a prompt and equitable resolution of the complaint filed hereunder will not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the responsible federal department or agency.  Using this grievance procedure is not a prerequisite to the pursuit of other remedies.

  5. These rules will be construed to protect the substantive rights of interested persons, meet appropriate due process standards, and assure the Concordia Parish School Board complies with Section 504 and its implementing regulations.

 

Recoded from IDDFA:  October 10, 2019

Correction made:  September, 2021

 

 

Ref:    20 USC 1400 (Individuals with Disabilities Education Act) (P.L. 94-142)

La. Rev. Stat. Ann. ยงยง17:1941, 17:1942, 17:1943, 17:1944, 17:1945, 17:1946, 17:1947

Board minutes, 10-10-19

 

Concordia Parish School Board