|
Albemarle County Schools has the duty to provide a free
appropriate public education (FAPE) to each qualified student
with disabilities residing within the division's boundaries.
§104.33(a). A FAPE has several distinct parts: (1)
it is education provided at no cost to the parents, (2)
it is designed to provide educational benefit despite the
child's disabilities, [it is "appropriate"] and
(3) it is provided in the environment that affords the maximum
exposure to non-disabled peers.
Section 504 of the Rehabilitation Act of 1973 and its accompanying
regulations apply to all school divisions receiving federal
funds. Under this body of law a school division:
- May not discriminate against students with a disability
solely on the basis of disability.
- Must provide facilities, programs, and activities that
are accessible, usable and available to qualified individuals
with a disability.
- Must provide free appropriate education at elementary
and secondary levels, including access to non-academic
and extracurricular services and activities, to qualified
students with disabilities.
- May not exclude any qualified individual with a disability
solely on the basis of disability from participation in
any preschool education or daycare program or activity
or any adult education or vocational program or activity.
- May not discriminate against qualified individuals with
a disability in the provision of health, welfare and other
social services.
The Albemarle County Public School Division receives federal
financial assistance and must comply with the above requirements.
Additionally, the Albemarle County School Board is of the
general view that discrimination against qualified students
with a disability solely on the basis of their disability
is unfair and that to the extent reasonably possible, qualified
students with disabilities should be in the mainstream of
life in a school community.
In compliance with the Executive Order 11246; Title II
of the Education Amendments of 1976; Title VI of the Civil
Rights Act of 1964, as amended by the Equal Employment Opportunity
Act of 1972; Title IX Regulation Implementing Education
Amendments of 1972; Section 504 of the Rehabilitation Act
of 1973; and all other Federal, State, school rules, laws,
regulations, and policies, Albemarle County School Division
shall not discriminate on the basis of sex, age, race, color,
national origin, religion, disability, marital status, or
pregnancy in the educational programs or activities which
it operates.
It is the intent of the Albemarle County Public Schools
to comply with both the letter and spirit of the law in
making certain discrimination does not exist in its policies,
regulations and operations. Grievance procedures, for Title
IX and Section 504, have been established for students,
their parents and employees who feel discrimination has
been shown. Specific complaints of alleged discrimination
under Title IX (sex) and Section 504 (handicap) should be
referred to the Title IX Coordinator and the Section 504
Coordinator.
All students attending the Albemarle County Public Schools
may participate in educational programs and activities including
but not limited to health, physical education, music and
vocational and technical education, (homemaking and consumer
education, trade and industrial education, business and
office education. etc.), regardless of race, color, national
origin, religion, age, disability, gender, marital status,
or pregnancy.
|