FILE: IDDFB
Cf: IDDF
SPECIAL EDUCATION - STUDENT DISABILITY
DYSLEXIA
The Department of Education and the St. John the Baptist Parish School Board have an obligation to provide for the evaluation of every child suspected of having a disability. The evaluation shall determine the child's need for specialized instruction and related services. Children with disabilities may qualify for educational and related services under Section 504 of Rehabilitation Act of 1973 and under the Individuals with Disabilities Act (IDEA).
A handicapped person is defined under Section 504 [34 CFR 104.3(j)] as any person
who has a physical or mental impairment that substantially limits a major life activity (e.g., learning, self-care, manual tasks, seeing, walking, speaking, working);
who has a record of such an impairment; or
who is regarded as having such an impairment.
Students who have reading problems that substantially limit the learning process and who are suspected of having dyslexia are protected under Section 504 of the Rehabilitation Act of 1973. In addition, some students exhibiting dyslexic characteristics may be served under special educational services.
Federal laws require that recipients that operate a public elementary or secondary education program address the needs of children considered "handicapped persons" as adequately as they address the needs of non-handicapped persons. No handicapped person shall, on the basis of the handicap, be excluded from participation in, or denied the benefits of, or otherwise subjected to discrimination under any program or activity that receives or benefits from federal financial assistance.
Both laws require the School Board to provide a free, appropriate public education to each qualified handicapped child. A free, appropriate public education, under Section 504, consists of regular or special education and related aids and services designed to meet the individual student's needs and based on adherence to the regulatory requirements for educational setting, evaluation, placement, and procedural safeguards.
The School Board is obliged to provide a free, appropriate public education to each student who is in the recipient's jurisdiction, regardless of the nature or severity of the person's handicap (34 CFR 104.33, 34 CFR 104.34, 34 CFR 104.35, and 34 CFR 104.36). A student may be handicapped within the meaning of Section 504 and therefor entitled to regular or special education and related aids and services, even though the student may not be eligible for special education and services under IDEA.
Nonacademic and extracurricular services and activities may include counseling services, physical recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the recipients, referrals to agencies that provide assistance to handicapped persons, and the employment of students (34 CFR 104.37). Regulations and procedures shall be maintained and continually monitored to implement a program of educational services for students suspected to have dyslexia and/or related disorders. The program shall provide remediation in appropriate instructional services to the child's particular disorder or need.
Ref: 29 USC 794 (Nondiscrimination under Federal Grants and Programs)
42 USC 12101 et seq. (Equal Opportunity for Individuals with Disabilities)
Board minutes, 8-20-92
St. John the Baptist Parish School Board