2008-SCHOOL COUNCIL - Laserfiche WebLink

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Within sixty days of the receipt of a report by the department from any person required to report, the department shall notify such person, in writing, of its determination of the nature, extent and cause or causes of the injuries to the child, and the social services that the department intends to provide to the child or his family. Any privilege established by section twenty or twenty B of chapter two hundred and thirty- three,by court decision or by profession code relating to the exclusion of confidential communications and the competency of witnesses, may not be invoked in any civil action arising out of a report made pursuant to this section. SECTION 504 OF THE REHABILITATION ACT Section 504 prohibits discrimination against handicapped persons, including both students and staff members, by school districts receiving federal financial assistance. This includes all programs or activities of the school district receiving federal funds, regardless of whether the specific program or activity involved is a direct recipient of federal funds. Included in the U.S. Department of Education regulations for Section 504 is the requirement that handicapped students be provided with a free appropriate public education (FAPE). These regulations require identification, evaluation,provision of appropriate services, and procedural safeguards in every public school in the United States. All individuals who are disabled under the Individuals with Disabilities Education Act (IDEA) are also considered to be handicapped and therefore protected under Section 504. However, all individuals who have been determined to be handicapped under Section 504 may not be disabled under IDEA. These children require a response from the regular education staff and curriculum. With respect to most handicapped students, many aspects of the Section 504 regulation concerning FAPE parallel the requirements of the Individuals with Disabilities Education Act (formally the Education of the Handicapped Act) and state law. In those areas, by fulfilling responsibilities under the IDEA and state law, a district is also meeting the standards of the Section 504 regulations. However, in some other respects the requirements of the laws are different. There are some students who are not eligible for IDEA services but who nevertheless are deemed , handicapped under Section 504 and to whom a district may, therefore, have responsibilities. For the purpose of clarification the term "handicapped" refers to students who are protected under the regulations of Section 504 only; the term "disabled" is reserved for students who are eligible for services under IDEA. The IDEA defines as eligible only students who have certain specified types of disabilities and who, because of one of those conditions, need special education (specially designed instruction). Section 504, on the other hand, protects all handicapped students, defined as those having any physical or mental impairment that substantially limits one or more major life activities (including learning). Section 504 covers all students who meet this definition, even if they do not fall within the IDEA enumerated categories and even if they do not need to be in a special education program. 41