Disclosure & Procedural Safeguards

Section 504 of the Rehabilitation Act of 1973 requires that “No otherwise qualified individual with a disability in the United States...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...” Title II of the Americans with Disabilities Act has a similar anti-discrimination requirement.

To be protected under Section 504, a student must be determined to:

• have a physical or mental impairment that substantially limits one or more major life activities; or
• have a record of such impairment; or
• be regarded as having such impairment.

A student determined to meet one or more of the above criteria is referred to as a qualified student with a disability.

Section 504 applies to preschool, elementary, and adult education programs and activities that receive or benefit from Federal financial assistance for the operation of such programs or activities. At the secondary education level, a “qualified student with a disability” is a student with a disability who is:

• of an age at which students without disabilities are provided secondary educational services;
• of an age at which it is mandatory under state law to provide secondary educational services to students with disabilities; or
• a student to whom a state is required to provide a free appropriate public education under the Individual with Disabilities Education Act (IDEA).

At the post-secondary education level, a “qualified student with a disability” is a student with a disability who meets the academic and technical standards requisite for admission or participation in the institutions educational program or activity.

Secondary education institutions receiving Federal assistance are required to provide a free appropriate public education to qualified students with disabilities. Such an education consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.

Post-secondary education institutions receiving Federal assistance are required to provide academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school’s program. Post-secondary institutions are not required to make adjustments or provide aids or services that would result in fundamental alteration of an institution’s program or impose an undue burden.

As long as a student remains eligible, once they are identified for services under Section 504, they are always entitled to such services. Evaluation and reevaluation criteria are found in 34 C.F.R. 104.35. Evaluation and reevaluation requirements are different between secondary and post-secondary institutions. However, educational and ethical best practices suggest similar processes for all levels. Regardless of a students’ educational level, the ameliorating effects of any mitigating measures (i.e. the use of medication) for their qualifying disability may not be used to deny qualification, requalification, or access to services.

For more information on the differences between secondary and post-secondary services under Section 504 refer to: www2.ed.gov/about/offices/list/ocr/504faq.html

Metro Technology Centers is a non-degree granting, post-secondary institution governed by the Oklahoma Department of Careertech with an independent career tech district and adherent policies. Regarding special education and disability services, Metro Technology Centers falls under the Office of Civil Rights of the Department of Education at the federal level. Metro Technology Centers’ special education and disability policies are aligned with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. When working with partner, sending, secondary education institutions, Metro Technology Centers requests to be involved with any special education services’ planning that a student may receive in order to help align their Individual Education Plan (IEP) or Section 504 plan to their Metro Technology Centers’ program of study needs. While the Individuals with Disabilities Education Act (IDEA), Oklahoma state law, Oklahoma Department of Education, and Oklahoma Department of Careertech do not directly address with law or policy the crossover between secondary and postsecondary education as pertains to students on an IEP, Metro Tech participates as a partner in the student’s IEP process in order to ensure the maximum amount of accommodations and services possible.

Metro Technology Centers provides reasonable accommodations and support for students with disabilities covered by the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA). Metro Tech is committed to providing full access to students pursuing their educational and career goals.

Students are encouraged to submit the appropriate documentation and to make their requests known within the first week of class to ensure appropriate delivery of services and accommodations.

The following people have been designated to handle inquiries regarding the District’s non-discrimination, diversity, equity, and inclusion policies, and the District’s special education policies, including:

1. Special Education Liaison (For educational services related to disability status, including Individual Education Plans and Section 504 plans for secondary and adult students)
2. Nondiscrimination / Title IX Coordinator (For questions or complaints based on race, color, national origin, sex, pregnancy, gender, gender expression or identity, sexual orientation, and sexual violence toward students and employees, and/or any other individual who has experienced some other form of discrimination, including discrimination not listed above).

It is the policy of Metro Technology Centers not to discriminate on the basis of disability in its educational programs or activities.

Metro Technology Centers aligns special education services’ policy with the guidelines set forth by Section 504 of the Rehabilitation Act of 1973 and the applicable sections of the Americans with Disabilities Act (ADA) as they pertain to post-secondary educational institutions. These are overseen by the Oklahoma Department of Career Tech and The Office of Civil Rights of the federal Department of Education. These policies and guidelines differ from those guiding special education services for primary and secondary local education agencies and affiliate schools.

Secondary students coming from a sending school or local education agency (LEA) which issues primary Individual Education Plans (IEPs) and Section 504 Plans will have their information provided by their sending school or LEA. If the documentation needs amending for the purposes of supporting a Metro Technology Centers’ program of study, a meeting between the student’s sending school / LEA and Metro Technology Centers will be established.

In partnership with our sending, secondary schools, Metro Tech aids in formulating specific accommodations and services for a student’s Individual Education Plan (IEP) under the Individuals with Disabilities Education Act (IDEA) and Section 504 Plan under the Rehabilitation Act of 1973. Metro Tech’s participation in these meetings is required in order to ensure the appropriate accommodations and services are in place for a student’s particular program in the postsecondary environment.

Appropriate accommodations, auxiliary aids, and services, that are necessary to afford an individual with a disability an equal opportunity to participate in their program may be provided.

Accommodations, modifications, and the provision of aids or services, that would result in a fundamental alteration of a student’s program or imposes an undue burden, are not required to be implemented by Metro Technology Centers.

Accommodations or services for adult students may not be provided until accurate, official documentation of a qualifying and/or legitimate disability is provided to Special Education Services for review and approval.

Accommodations and services for Metro Technology Center programs will be decided upon by a team put together by Special Education Services that includes the student, program representative, counselor, sending school / LEA (if applicable), Parent/Guardian (if applicable).

Any student seeking enrollment in a Metro Technology Centers’ class, full-time or short-term, can request accommodations if they meet the definition of a “qualified student with a disability” under Section 504 of the Rehabilitation Act of 1973.

Students must provide documentation of their disability such as: IEP/504 documents, doctor statements, medical records, medical evaluations, Voc-Rehab assessments, etc.

Students transferring from high school students to adult students must reapply to Special Education Services for accommodations and services and provide any required documentation. However, if their information is already on file with Special Education Services, they will be asked if they wish to continue receiving services as an adult student.

Disability and special education records are kept confidential. Accommodations and service’s information are provided by Special Education Services on a need-to-know basis only.

Disabilities include, but are not limited to: “invisible disabilities” (i.e. learning disabilities, chemical sensitivity, mental and behavioral health disorders), physical disabilities, medical conditions, or temporary conditions resulting from accident, injury, or illness.

THC use, whether recreational, habitual, or medicinal, is not protected under ADA or Section 504. This is due to current federal law.