Handicapped person: Any person who (i) has a physical or mental impairment which substantially limits one or more major life activities; (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. Physical or mental impairment: (a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or (b) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Major life activities: Functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Has a record of such impairment: Has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. Is regarded as having an impairment: (a) Has a physical or mental impairment that does not substantially limit major life activities, but that is treated by a recipient 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 toward such impairment; or (c) has none of the impairments defined in paragraph (j)(2)(i) of this section but is treated by a recipient as having such an impairment. Identification and Referral Procedures Children who, because of a disability, need or who are believed to need Section 504 support, special education, or related services in order to receive a Free Appropriate Public Education may be referred by a parent, teacher, other certificated school personnel, or community agency. This referral is submitted to the Charter LEA Section 504 team for consideration. The Section 504 team will review the child’s school history, individual needs, the meaning of evaluation data, and the modification options as well as academic, and social and behavioral records to determine if an evaluation under Section 504 or IDEA is appropriate. If a request for evaluation is denied, the parent shall be informed in writing of this decision as well as provided information regarding their procedural rights to appeal. Evaluation of the Child Evaluation of the child for Section 504 eligibility should be completed by a Section 504 team. This evaluation should include an evaluation of the nature of the child’s disability and the impact of the disability on the child’s education. The evaluation should include consideration of any behaviors that interfere with regular participation of a child who otherwise meets the criteria for participation in the educational program or activities. No final determination will be made by the Section 504 team of whether the child will or will not be identified as a child with a disability within the meaning of Section 504, without first inviting the parent of the child to participate in the meeting concerning such determination.
Chapter 16 – Civil Rights Protection and 504 Accommodations, Charter SELPA
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As of 09/8/2017
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