Chapter 15 of Title 22 of the regulations of the State Board of Education addresses the responsibility of school districts to comply with the requirements of Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in activities receiving federal financial assistance). The purpose of the federal law and the state regulations is to require that public educational agencies ensure that protected handicapped students have equal opportunity to participate in school programs and extracurricular activities to the maximum extent appropriate to the ability of the protected handicapped student in question.
CHAPTER 711 Although, charter and cyber charter schools are not subject to the procedural mandates contained in Chapter 15, Chapter 711 requires charter and cyber charter schools to ensure compliance with Section 504 and its implementing regulations.
DUTY OF THE LOCAL EDUCATION AGENCY (LEA) LEAs shall provide each protected handicapped student enrolled in the district, without cost to the student or family, those related aids, services, or accommodations which are needed to afford the student equal opportunity to participate in and obtain the benefits from the school programs and extracurricular activities without discrimination, and to the maximum extent appropriate to the student's abilities. To meet the criteria for services under Chapter 15, a student needs to be identified as a protected handicapped student.
PROTECTED HANDICAPPED STUDENT DEFINITION To meet the criteria of a protected handicapped student a child must be of school age and have a physical or mental disability that substantially limits or prohibits participation in or access to an aspect of the student's school program. The Americans with Disabilities (ADA) Amendments Act of 2008, Public Law 110-325, which also amends the Rehabilitation Act of 1973, broadens the definition of disability. The extent of an individual’s impairment should be evaluated without considering the ameliorative effects of mitigating measures. The amendments took effect January 1, 2009.
Parents of students enrolled in the New Kensington-Arnold School District can make a request for an evaluation by contacting the building administrator or the Director of Special Education at 724-337-4536 ext. 1133.
Chapter 15 PA School Code