FREE APPROPRIATE
EDUCATION
(34 C.F.R./104.33)
1.
The District will provide a free appropriate public education to each handicapped student in its jurisdiction, regardless of the nature or severity of the handicap.
34 C.F.R./104.33(a)
2.
A handicapped student under Section 504 is any student who has a physical or mental impairment that substantially limits one or more major life activity (including learning, who has a record of such an impairment, or who is regarded as having such an impairment. A student who fits this definition is covered by Section 504 even if she is not eligible for services under the Individuals with Disabilities
Education Act (IDEA).
34 C.F.R./104.33(j)
3.
An appropriate education is the provision of regular or special education and related aids and services that are (a) designed to meet the individual education needs of the handicapped student as adequately as the needs of non-handicapped students and (b) are developed based upon adherence to the evaluation and placement procedures below.
34 C.F.R./104.33 (b)
4.
Implementation of an individualized education program (IEP) in accordance with the provisions of the District’s special education procedures may be used to comply with the District’s evaluation and placement responsibilities for students who are handicapped under Section 504.
34 C.F.R./104.33 (b)(2)
5.
The District may place a handicapped student in or refer him/her to a program other than the District’s program. If so, the District will remain responsible for ensuring that the requirements of Section
504 are met with respect to the student.
34 C.F.R./10433 (b)(3)
6.
Educational and related services upon through the evaluation and placement process will be provided without cost to the handicapped student or his parents or guardian, except for those fees that are also imposed on non-handicapped students and their parents/guardians. Such services will be provided without cost regardless of whether the services are provided by the
District or another agency or individual.
3.
Interpreting evaluation data and in making
EDUCATION SETTING
(34 C.F.R./104.34)
Handicapped students will be educated with students who are not handicapped to the maximum extent appropriate to the needs of the handicapped student.
Handicapped students will be placed in the regular education environment unless it is demonstrated that this cannot be achieved satisfactorily with the use of supplementary aids and services.
Handicapped students will participate with non-handicapped students in all nonacademic and extracurricular activities, to the maximum extent appropriate to their needs.
EVALUATION AND
PLACEMENT
(34 C.F.R./104.35) decisions concerning placement and services, District staff will:

Draw upon information from a variety of sources, including aptitude and achievement tests, teach recommendations, physical condition, social or cultural background, and adaptive behavior, and

Ensure that information obtained from all such sources is documented and carefully considered.
34 C.F.R./104.35(c)
4.
Decisions concerning placement and services will be made by a group of persons, including persons knowledgeable about the student, the meaning of the evaluation data, and the options for placement and services.
34 C.F.R./104.35(c)
5.
Students who are provided special education and/or related services will be periodically reevaluated.
34 C.F.R./104.35(d)
PROCEDURAL SAFEGUARDS
1.
The District will conduct an evaluation of any student who, because of handicap, needs or is believed to need special education or related services, prior to making an initial placement of the student in regular or special education and prior to any significant change in placement
34 C.F.R./104.35 (a)
2.
Evaluation procedures will insure that:

Tests and other evaluation materials have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer;

Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those designed to provide a general intelligence quotient;

Tests are selected and administered to ensure that, when the student has impaired sensory, manual, or speaking skills, the test results accurately reflect the student’s aptitude, achievement, or whatever the test purports to measure, rather than reflecting the student’s impairment (except where the test is intended to measure the impairment.
34 C.F.R/104.35(b)
(34 C.F.R./104.36)
With regard to any action by the District concerning the identification, evaluation or educational placement of any student who, based on handicap, needs or is believed to needs special instruction or related services, the parents or guardian of the student will be provided with:

Notice of action;

An opportunity to examine relevant records of the student; and

An impartial hearing with the opportunity for participation by the parents or guardian and representation by counsel.
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If you have any questions about your rights please contact:
SELPA Director
Special Education Local Plan Area
1644 Magnolia Avenue
Redding, CA 96001
(530) 225-0100
504 Assessment, 7-14