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If a district has reason to believe that, because of a handicap as defined under Section 504, a <br /> student needs either special accommodations or related services in the regular setting in order <br /> to participate in the school program, the district must evaluate the student; if the student is <br /> determined to be handicapped under Section 504, the district must develop and implement a <br /> plan for the delivery of all needed services. Again, these steps must be taken even though the <br /> student is not covered by the IDEA special education provisions and procedures. <br /> What is required for the Section 504 evaluation and placement process is determined by the <br /> type of handicap believed to be present, and the type of services the student may need. The <br /> evaluation must be sufficient to accurately and completely assess the nature and extent of the <br /> handicap, and the recommended services. Evaluations more limited than a full special <br /> education evaluation may be adequate in some circumstances. <br /> The determination of what services are needed must be made by a group of persons <br /> knowledgeable about the student. The group should review the nature of the handicap, how <br /> it affects the student's education, whether specialized services are needed, and if so, what <br /> those services are. The decisions about Section 504 eligibility and services must be <br /> documented in the student's file and reviewed periodically. <br /> It should also be noted that under Section 504, the parent or guardian must be provided with <br /> notice of actions affecting the identification, evaluation, or placement of the student and are <br /> entitled to an impartial hearing if they disagree with district decisions in these areas. For <br /> handicaps covered only by Section 504 and not the IDEA, a Section 504 hearing will have to <br /> be made available. <br /> In summary, it is important to keep in mind that some students who have physical or <br /> mental conditions that limit their ability to access and participate in the education program <br /> are entitled to rights (protection) under Section 504 even though they may not fall into <br /> IDEA categories and may not be covered by the law. <br /> It is also important to realize that Section 504 is not an aspect of"special education". <br /> Rather, it is a responsibility of the comprehensive general public education system. As <br /> such, building administrators and superintendents of schools are responsible for its <br /> implementation within districts. Special education administrators are participants but are <br /> not ultimately the responsible LEA administrators. <br /> SEX EDUCATION: PARENTAL NOTIFICATION <br /> Chapter 71, Section 32A of the laws of the Commonwealth of Massachusetts stipulates <br /> that every city, town, regional school district or vocational school district implementing or <br /> maintaining curriculum which primarily involves human sexual education or human <br /> sexuality issues shall adopt a policy ensuring parent/guardian notification. Such policy <br /> shall afford parents or guardians the flexibility to exempt their children from any portion <br /> of said curriculum through written notification to the school principal. No child so <br /> exempted shall be penalized by reason of such exemption. <br /> Said policy shall be in writing, formally adopted by the School Committee as a school <br /> district policy and distributed by September first, nineteen hundred and ninety-seven and <br /> each year thereafter to each principal in the district. A copy of each district's policy must <br /> be sent to the Department of Education after adoption. <br /> 42 <br />