Oak Grove School District

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Special Education & 504

Oak Grove School District provides support to all students with disabilities. We partner with other local school districts as well as the Santa Clara County Office of Education (COE) to insure that programs are located within our Special Education Local Planning Area (SELPA).  Oak Grove staff are committed to providing students with the least restrictive learning environment.

Eligibility for Services

Students become eligible for special education services through a formalized process of evaluation. Anyone who suspects that a student is disabled may request an evaluation in writing. Requests will receive a response from the school site within 15 days. Usually a Student Study Team is asked to determine whether an assessment is necessary. If recommended, assessments will take place within 60 days of the initial request. If an assessment is not recommended, the Study Team will explain their reasoning in writing.

Once a student has been assessed, an Individualized Education Program (IEP) meeting is held to determine a student’s eligibility for services. Students may be found eligible in one of 13 categories:

*Specific Learning Disability
*Speech and language impairment
*Deaf/blind
*Visual impairment
*Traumatic brain injury
*Hearing impairment
*Deafness
*Other health impairment
*Autism
*Multiple handicaps
*Orthopedic impairment
*Emotional disturbance
*Intellectual Disability

Students may receive any combination of services, based on their IEP, including:

*Speech and Language – offered at all schools.  Speech and language specialists provide support for articulation, voice, fluency, and language disorders.

*Resource Specialists – offered at all schools.  Resource Specialists provide educational planning and specialized instruction to exceptional individuals in special programs or within regular classrooms.

*Special Day Classes – offered at selected elementary schools and all secondary schools, not all grade levels are available at all sites.  Students are grouped with others who share similar instructional needs for 50% of the day. Each class has a credentialed special education teacher and Paraprofessional.

Adaptive physical education, behavior support, occupational therapy, and other services are available when a student’s IEP determines this need.

What is Section 504?

Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met.

Section 504 states that: “No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…” [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)].
 
Who is covered under Section 504?

To be covered under Section 504, a student must be “qualified ” (which roughly equates to being between 3 and 22 years of age, depending on the program, as well as state and federal law, and must have a disability) [34 C.F.R. §104.3(k)(2)].

Who is an “individual with a disability”?

As defined by federal law: “An individual with a disability means any person who: (i) has a mental or physical impairment that substantially limits one or more major life activity; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment” [34 C.F.R. §104.3(j)(1)].

What is an “impairment” as used under the Section 504 definition?

An impairment as used in Section 504 may include any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning-, behavior- or health-related condition. [“It should be emphasized that a physical or mental impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities” (Appendix A to Part 104, #3)].

Many students have conditions or disorders that are not readily apparent to others. They may include conditions such as specific learning disabilities, diabetes, epilepsy and allergies. Hidden disabilities such as low vision, poor hearing, heart disease or chronic illness may not be obvious, but if they substantially limit that child’s ability to receive an appropriate education as defined by Section 504, they may be considered to have an “impairment” under Section 504 standards. As a result, these students, regardless of their intelligence, will be unable to fully demonstrate their ability or attain educational benefits equal to that of non-disabled students (The Civil Rights of Students with Hidden Disabilities under Section 504 of the Rehabilitation Act of 1973—Pamphlet). The definition does not set forth a list of specific diseases, conditions or disorders that constitute impairments because of the difficulty of ensuring the comprehensiveness of any such list. While the definition of a disabled person also includes specific limitations on what persons are classified as disabled under the regulations, it also specifies that only physical and mental impairments are included, thus “environmental, cultural and economic disadvantage are not in themselves covered” (Appendix A to Part 104, #3).

If you have questions about Special Education programs or would like to request a review for assessment, contact Special Education Department at (408) 227-8300

Special Education

100246     HING-PACHECO, Julie

100252     LARSEN-DARR, Marie

100247    Alvarez, Alejandrina

100335     RUIZ, Valerie
 
100248     GREEN, Katherine