(See also Non-Discrimination Statement)

The District recognizes its responsibilities to children who are or may be qualified persons with disabilities under Section 504 of the Rehabilitation Act of 1973 ("Section 504") and Title II of the Americans with Disabilities Act (“Title II”). 

Qualified Individual with a Disability 

All qualified persons with disabilities within the jurisdiction of the District are entitled to a free appropriate public education (“FAPE”), regardless of the nature or severity of the person’s disability. Section 504 and Title II define a person with a disability as any person who (a) has a physical or mental impairment that substantially limits one or more major life activities, (b) has a record of such an impairment or (c) is regarded as having such an impairment. The definition of disability shall be construed in favor of broad coverage of individuals, to the maximum extent permitted by Section 504 and Title II. 

The term "major life activities" includes, but is not limited to, functions such as caring for one's self, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. A “major life activity” also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.  An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability. Also, an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. 

Mitigating Measures 

The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as: 

• medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies; 

• use of assistive technology; 

• reasonable accommodations or auxiliary aids or services; or

• learned behavioral or adaptive neurological modifications. 

For purposes of this policy, a "qualified person with a disability" is a person with a disability who is (a) of an age during which it is mandatory under Oklahoma law to provide such services to persons with disabilities; (b) of an age during which persons without disabilities are provided such services; or (c) a person for whom a state is required to provide a FAPE under the Individuals with Disabilities Education Act. 

Appropriate Education 

An appropriate education may comprise education in regular classes, education in regular classes with the use of related aids and services, or special education and related services in separate classrooms for all or portions of the school day. Special education may include specially designed instruction in classrooms, at home, or in private or public institutions and may be accompanied by related services such as speech therapy, occupational and physical therapy, psychological counseling and medical diagnostic services necessary to the child’s education. 

The District will design quality education programs for students with disabilities to meet their individual needs to the same extent that the needs of nondisabled students are met. 

Services necessary to provide a qualified student a free appropriate public education (FAPE) will be provided by the District at no cost to the parent or guardian, including those services necessary for the student’s participation in District-sponsored academic programs such as class field trips.

Non-Academic and Extracurricular Services and Activities

The District shall ensure that students with disabilities participate with students without disabilities in nonacademic and extracurricular services and activities to the maximum extent appropriate to meet the needs of the student with a disability. Nonacademic and extracurricular services and activities include, but are not limited to, meals, recess periods, counseling services, physical recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the District, referrals to agencies which provide assistance to students with disabilities, and employment of students.

Educational Setting 

The District will place students with and without disabilities in the same setting, to the maximum extent appropriate to the educational needs of the students with disabilities. Students with disabilities will participate with nondisabled students in both academic and nonacademic services, including meals, recess and physical education, to the maximum extent appropriate to their individual needs. If the District places an individual with disabilities in another school, the District will take into account the proximity of the other school to the student’s home.

Evaluation and Placement

The District shall annually undertake to identify and locate every qualified child with a disability residing in the District’s jurisdiction who is not receiving a public education and take appropriate steps to notify children with disabilities and their parents or guardians of the District’s duties under Section 504 and Title II. 

The District will make evaluation and placement decisions in accordance with appropriate procedures required by law. A multidisciplinary group, including persons knowledgeable about the child, the meaning of the evaluation data and the placement options, will document and consider carefully information obtained from all such sources in making eligibility and placement decisions. A parent is a required participant if he or she is a person knowledgeable about the student. 

The multidisciplinary group will consider reevaluation at least every three years for each Jenks Public Schools student for whom the District is providing a FAPE or more frequently if conditions warrant or if the child’s parent or teacher requests a reevaluation. 

Section 504/Title II Plan 

When the multidisciplinary group determines that a student is eligible for educational services under Section 504 and Title II, it will prepare a plan documenting how the District will provide FAPE for that student. The plan will identify the educational services, related services and supplementary aids and services needed to meet the student’s individual educational needs in the least restrictive environment. 

Regular or special education and related services, including supplementary aids, services, accommodations, and modifications, will be included in a student’s Section 504/Title II plan, or IEP, if applicable, to enable the student to participate in academic programs, such as District-sponsored field trips, and to participate in nonacademic or extracurricular activities with students with and without disabilities.

Procedural Safeguards

The District will employ procedural safeguards regarding the identification, evaluation or educational placement of persons who, because of disability, need or are believed to need special instruction or related services. District personnel will notify parents or guardians of any evaluation or placement actions and parents or guardians will be allowed to examine the student’s records. 

Retaliation 

The District also prohibits retaliation, intimidation, threats, or coercion of any person for opposing discrimination or for participating in the District’s discrimination complaint process or making a complaint, testifying, assisting, appealing, or participating in any other discrimination complaint proceeding or hearing. Persons with complaints or concerns about the application of this policy should contact the District’s 504 Coordinator in the Student Programs office at the Education Service Center (299-4415, ext. 2400), or the Title II Coordinator in the Human Resources office at the Education Service Center (299-4415, ext. 2305.) 

Approved by the Board of Education May 2017 

Revised November 2017