Section 504

Under Section 504, the School District is required to identify, evaluate, and, if the student is determined to be eligible under Section 504, provide program changes and services that afford equal access to educational opportunities in the District’s programs and activities.

Evaluations under Section 504 involve gathering information from current school and medical records in order to determine if a child’s disability prevents him or her from accessing the education program or achieving educational outcomes like typical peers. The 504 Team will determine eligibility for protection and/or services under Section 504 by considering the impact of the disability on academics, achievement, attendance, behavior and interactions with others. Eligibility determinations must be made without regard to mitigating measures.

Section 504 defines an individual with a disability as a person who has a physical or mental impairment that substantially limits a major life activity (as compared to the average student), a person who has a record of such an impairment, or a person who is regarded as having such an impairment. If your child is an individual with a disability, under Section 504 you have the right to:

1. Receive notice of your rights under Section 504.
2. Receive all information in your native language or primary mode of communication.
3. Have your child take part in and receive benefits from public education programs without discrimination because of your child’s disabling condition.
4. Receive notice with respect to the identification, evaluation, program, or placement of your child under Section 504, including any significant change to your child’s placement. Parental consent must be obtained before conducting an initial evaluation and for initial placement.
5. Have your child receive a free appropriate public education (“FAPE”). This includes the right to be educated with nondisabled students to the maximum extent appropriate. It also includes the right to have the District make program changes that give your child an equal opportunity to participate in school and school-related activities.
6. Have your child receive an education in facilities and receive services comparable to those provided to nondisabled students.
7. Have your child receive special education and related services if your child is found to be eligible under the Individuals with Disabilities Education Act.
8. Have decisions related to evaluation, educational programming, and placement be based upon a variety of information sources and be made by persons who are knowledgeable about your child, the evaluation data, and placement options.
9. Have transportation provided to and from any alternative placement setting at no greater cost to you than would be incurred if your child were placed in a program operated by the District?
10. Have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the District.
11. Examine all relevant records relating to the District’s decisions about the identification, evaluation, educational program, and placement of your child under Section 504.
12. Obtain copies of educational records at a reasonable cost unless the cost would effectively deny you access to the records.
13. Ask the District to explain and interpret your child's records.
14. Ask the District to amend your child's educational records on the ground that they are inaccurate, misleading, or otherwise in violation of the privacy rights of your child. You may request a hearing if the District denies such a request.
15. Ask for an impartial hearing if you disagree with the District’s decisions or actions relating to your child’s identification, evaluation, educational program, or placement. You and the student may participate in the hearing and have an attorney represent you. Hearing requests must be submitted in writing to the District’s Section 504 Coordinator. The District will select the impartial hearing officer.
16. Appeal from an adverse decision by the impartial hearing officer.
17. File a complaint with the Office for Civil Rights.
18. File a complaint (also referred to as a “grievance”) with the District regarding an alleged violation of Section 504. You also have the right to receive a prompt and equitable resolution of a complaint. Complaints must be submitted in writing to the Section 504 Coordinator unless the complaint relates to the Section 504 Coordinator, in which case the complaint should be submitted to the Superintendent. Upon filing a complaint with the District, you will be asked to provide a brief description of the alleged discriminatory action, the date of the alleged action, and the name of the person(s) responsible for the alleged action. The District will then conduct an investigation unless the matter can be resolved informally. The Section 504 Coordinator will maintain the files and the records relating to the complaint unless the complaint relates to the Section 504 Coordinator, in which case the Superintendent or designee will  maintain the files and records.