PINKERTON ACADEMY
SECTION 504 OF REHABILITATION OF 1973
POLICY STATEMENT
It is the policy of Pinkerton Academy that no otherwise qualified student shall, solely by reason of his/her mental and/or physical disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by the Academy. This includes students identified as educationally disabled under IDEIA, and/or those who do not qualify for services under IDEIA, and who have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having such an impairment. Those students who are covered under IDEIA will receive necessary accommodations and necessary services via an IEP. All services deemed necessary to provide a Free and Appropriate Public Education (FAPE) under Section 504 are without cost to parents.
Major Life Activities include: walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, performing manual tasks. Section 504 requires that the condition “substantially limit a major life activity”, including those that substantially limit participation in and benefit from curricular and extra-curricular activities as compared with the average person in the general population.
Referral: Pinkerton Academy seeks to locate all students who may have a physical or mental impairment which substantially impacts their education and who may qualify for accommodations under Section 504. Towards that goal, Pinkerton Academy will refer all expressions of concern to the 504 Team regarding students who are suspected of needing 504 accommodations. The 504 Team, comprised of appropriate school personnel knowledgeable about the student’s circumstances, will, with parental input, determine whether 504 accommodations are appropriate.
Students may be referred by a variety of sources, including parents, students, teachers and any other interested party to Pinkerton’s 504 Coordinator. Every referral will begin by reviewing existing education and medical records, as well as any existing pertinent evaluations. If necessary, the 504 Team shall recommend additional evaluations to be conducted by qualified professionals (at no cost to parents). The 504 eligibility criteria used by the 504 Team shall include appropriate evaluations/documentation of a mental or physical impairment and the life activity that is limited as a result of the impairment. Severity and duration are two factors that will most likely determine whether an impairment substantially limits a major life activity. If a student is deemed eligible, necessary, appropriate and reasonable accommodations will be developed by the 504 Team. These accommodations will then be included in a written 504 plan.”
Parents are encouraged to share with Pinkerton Academy any available documentation regarding the student’s learning issues in order to allow the school to more effectively and efficiently evaluate the special needs of the student.
For students who are determined as eligible for 504 accommodations (but not eligible under the IDEIA), a confidential 504 plan will be developed by the 504 Team, which shall include the parent (s) or guardian(s) and a copy will be provided to all appropriate individuals involved in the education of the student. The plan will include necessary, appropriate and reasonable accomodations and will require the signatures of the student, a parent/guardian, the counselor, the teachers, and the 504 case manager/Coordinator of the school. The plan facilitator will normally be the student’s guidance counselor.
Notification of eligibility determination will be provided in writing. Parents dissatisfied with the determination outcome or any other aspect of 504 provisions can either seek a reconsideration via a dialogue with the 504 Coordinator, or follow Procedural Safeguards that are provided with every notice of eligibility determination.
Parents and students are entitled to a Due Process Hearing. Requests for such hearings should be submitted in writing to the Headmaster. Federal laws require specific procedures for a Due Process Hearing. These procedures will be consistent with 34 CFR 104.34 and 35. A copy of these procedures shall be provided to parents and guardians upon referral and shall be supplied to any person who is aggrieved or who requests a copy of the same.
Approved by the Board of Trustees: 11/15/07