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individual differences. With respect to Students with Disabilities, the School Board and School
District administration have additional responsibilities, as set forth below.

The IDEA requires the School District to provide a Free Appropriate Public Education (FAPE) to
any individual child with a disability who needs special education and related services, even
though the child has not failed or been retained in a course or grade, and is advancing from
grade to grade [34 C.F.R. § 300.101(c)(1)].

State law requires that Students with Disabilities, who are included in the General Education
curriculum must meet School District and/or State levels of performance for student
progression; unless the student’s IEP Team determined that the student should follow the
Florida Standards Access Points modified curriculum aligned with ESE course requirements and
benchmarks.

State law prohibits social promotion for any public school student, including Students with
Disabilities. Social promotion occurs when a student is promoted based on factors other than
the student achieving School District and State levels of performance for student progression.
In accordance with Florida Statute § 1008.25(6)(a), no student may be assigned to a grade
level based solely on age or other factors that constitute social promotion.

Active Section 504 Accommodation Plans
As outlined in Section 504 of the Rehabilitation Act of 1973, 34 C. F. R. Part 104, a student’s
Section 504 Accommodation Plan documents each of the accommodations required to ensure
the student receives a Free Appropriate Public Education (FAPE) and has an equal opportunity
to access the General Education curriculum in the least restrictive environment. If a Section
504 Team decides to make any alteration to the delivery of instruction or student assignments
for a student with an active Section 504 Accommodation Plan, such alteration must be
documented in the student’s Section 504 Accommodation Plan. A parent of a student with an
active Section 504 Accommodation Plan must be notified of any proposed changes to the Plan.
In addition, a parent must be given the opportunity to provide input on decisions made by the
504 Team.

A student with an active Section 504 Accommodation Plan must meet the School District’s
levels of performance. Parent(s) must be notified if a student with a 504 Plan is being
considered for retention. The Team must determine if the reason(s) for retention is/are caused
by the disability of record on the active Section 504 Accommodation Plan. If the Team
determines that the below grade level performance is caused by the disability, the student’s
placement must be re-evaluated.

The re-evaluation must include a review of the student’s records, the student’s intellectual and
academic abilities, and other pertinent information provided by the student’s teachers.
Comprehensive documentation regarding student placement must be provided each time re-
evaluation occurs.

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