NONDISCRIMINATION ON THE BASIS OF HANDICAP / DISABILITY
It will be the policy of the Acton School Department to adhere to the concept of nondiscrimination on the basis of handicapping conditions. The School Committee will support section 504 of the Rehabilitation Act of 1973. This Act prohibits discrimination against persons with a disability in any program receiving Federal financial assistance. The Act defines a person with a disability as anyone who:
Has a mental or physical impairment which SUBSTANTIALLY LIMITS one or more major life activities such as: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Has a record of such an impairment; or
Is regarded as having such an impairment.
Several factors may be considered in making the determination that an impairment is substantially limiting. These include whether the person:
Is unable to perform a major life activity that the average person in the general population can perform; or
Is significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform the same major life activity.
The following factors must be considered in a 504 determination:
The nature and severity of the impairment;
The duration or expected duration of the impairment; and
The permanent or long term impact, or the expected permanent or long term impact resulting from the impairment.
In doing so the School Committee will:
Not discriminate against qualified persons with disabilities in any aspect of school department employment solely on the basis of disability.
Make facilities, programs, and activities accessible, usable, and open to qualified persons with disabilities.
Provide free appropriate education at elementary and secondary levels, including nonacademic and extracurricular services and activities, to qualified persons with disabilities.
Not exclude any qualified person with disabilities solely on the basis of disabilities from participation in any preschool education or day care program or activity or any adult education or vocational program or school sponsored activity.
Provide each qualified person with disabilities with the same health, welfare, and other social services as are provided by other persons.
Since this Department receives federal financial assistance it must comply with the above requirements. The School Committee holds the general view that:
Discrimination against a qualified person with disabilities solely on the basis of disability is unfair.
To the extent reasonably possible, qualified persons with disabilities should be in the mainstream of life in a school community.
Accordingly, employees of the department will comply with the above requirements of the law and any regulations approved by the School Committee or its administration for ensuring a policy of nondiscrimination on the sole basis of disability. The School Committee designates the Superintendent as the individual to act as the department’s compliance officer for employees and for students.
Reference: Section 504 of the Rehabilitation Act of 1973
Adopted: March 10, 1998
Reviewed: October 10, 2024
