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Section Section 504504
Informational Booklet Informational Booklet for Parents, Educators and for Parents, Educators and
AdministratorsAdministrators
Intended for general awareness and guidance, not necessarily reflective of legal opinions of the U.S. Department of Education or the Office for Civil Rights. This document is not intended to provide legal advice.
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SECTION 504 SCHOOL AND PARENT HANDBOOK This book is designed specifically to give parents understanding by providing information to help understand 504 services. This addresses student issues, not employment. The information should assist educators in implementing Section 504 requirements. Additional questions can be directed to the school district Section 504 Coordinator. WHAT IS SECTION 504? Section 504 is the part of the Rehabilitation Act of 1973 that applies to individuals with disabilities. It is a civil rights act that protects the civil rights of persons with disabilities. Section 504 is a nondiscrimination statute, prohibiting discrimination based solely on disability. Section 504 and special education (IDEA) are two service options for children with disabilities. All school districts should have a Section 504 Coordinator to answer your questions regarding Section 504 services. Section 504 requires that no person with a disability can be excluded from or denied benefits of any program receiving federal financial assistance; this includes education. Section 504 covers eligible students, employees, and other individuals with disabilities for accommodations that enable them to work or learn. Section 504 is what good teachers do for students with disabilities, making practical accommodations to “level the educational playing field” so students can benefit from their education. The great majority of academic accommodations should take place in the general education classroom. A school team knowledgeable of the person determines, with evaluation data, if the student meets eligibility criteria. THE ADA PROHIBIT DISABILITY-‐BASED DISCRIMINATION The Americans with Disabilities Act (“ADA”) also prohibits discrimination based on disability, but it is broader and applies to all public entities (including schools), whether or not they receive federal funds. The ADA also prohibits disability-‐based discrimination in employment by employers (public or private) with 15 or more employees, as well as in places of “public accommodations” such as stores, hotels, restaurants, day care centers, and private non-‐religious schools. Within the last several years, the Office for Civil Rights (OCR) has become active in assisting school districts in further defining “access.” The definition of access means more than physical access; a student may require special accommodations, such as modified assignments in order to benefit from his/her education. HOW DOES SECTION 504 DEFINE “APPROPRIATE EDUCATION”?
A free appropriate public education (FAPE) is one provided by the elementary or secondary school that includes general or special education and related aids and services that (1) are designed to meet the individual educational needs of an eligible student with a disability as adequately as the needs of an eligible student who is nondisabled are met and (2) are based on adherence to evaluation, placement, and procedural safeguard requirements. IS SECTION 504 A SPECIAL EDUCATION LAW? No. While all special education students who qualify for services under federal and state special education laws, (i.e., the Individuals with Disabilities Education Act or IDEA) may also qualify for services under Section 504, Section 504 students are not necessarily covered by special education laws. To qualify for special education, there must be evaluations and observations showing that the student has one of a number of specific, listed disabilities; that the student’s condition has an adverse effect on his/her educational performance; and that the student requires specialized instruction to ensure a free appropriate public education (FAPE ). To be eligible under Section 504, a student must demonstrate that he/she is a qualified individual with a disability under standards that are different from special education students. Students eligible under Section 504 often require some type of accommodation or related aids and services that are necessary for the child to access his or her educational program, to be provided with an equal educational opportunity, and to gain access to a free
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appropriate public education. Generally speaking, students who qualify only under Section 504 will not be receiving direct instructional services of a specialized nature and, in many cases, their related aids and services are provided in a regular education setting. Students with disabilities who require specialized instruction because of that disability will more often be served through special education. WHICH STUDENTS QUALIFY FOR COVERAGE UNDER SECTION 504? Section 504 and the ADA provide specific protections for “qualified individuals with a disability.” There are three categories that may qualify someone as an “individual with a disability.” These are:
1) A person who has a physical or mental impairment which substantially limits one or more major life activities; Many students have impairments that do not substantially limit a major life activity that impacts their education. If the disability does not impact the student’s education, they would not qualify for Section 504 accommodations. When a disability does not substantially limit a major life activity, the student does not qualify for services under Section 504.
2) A person who has a record of such an impairment; or 3) A person who is regarded as having such impairment. (34 CFR 104.3(j)(1)
The second and third prongs of the definition only become a factor if discrimination has occurred because of the “record” or “perception.” The first prong above is used to determine eligibility for Section 504 accommodations.
Most of the student situations that schools encounter involve students with actual current impairments that substantially limit a major life activity. These students may need specific services and accommodations in order to access the school program, but it may occasionally also be true that an eligible child under Section 504 is not in need of any interventions at the present time. Protection under the second and third categories listed above generally does not require providing special accommodations or services. Instead, the second and third categories generally protect against negative, discriminatory actions by the school or school officials. For a student to be identified under Section 504, in most circumstances the school must conclude that the child has: (1) a physical or mental impairment that (2) substantially limits (3) a major activity. Each of these three concepts is briefly discussed below. Physical or Mental Impairments The regulations define “physical or mental impairments” through examples. Physical impairments include “any physiological disorder or condition, somatic disfigurement, or anatomical loss affecting one or more” listed body systems. These include neurological, musculoskeletal, special sense organs, respiratory or speech, cardiovascular, reproductive, digestive, genito-‐urinary, hemic/lymphatic, skin and endocrine body systems. Mental impairments are “any mental or psychological disorder.” The identification categories in the DSM-‐IV Psychological Manual can be a useful guide to identifying mental impairments, although those categories are not legally binding. For a physical or mental impairment to substantially limit a major life activity, the impairment should limit that activity to an ample or considerable degree. It should be more than a minor limitation. Generally, the substantial limitation should be expected to last more than six months in length. The substantial limitation should be in comparison to the average student in the general population. Conditions that are episodic or in remission still might qualify, as long as they substantially limit a major life activity when active. An impairment will often be viewed as substantially limiting when the student is:
(i) Unable to perform a major life activity that the average person in the general population can perform; or
(ii) Substantially restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform that same major life activity.
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The following factors may be useful in making the determination: a) The nature and severity of the impairment;
b) The duration or expected duration of the impairment; and c) The permanent or long-‐term impact, or the expected permanent or long-‐term impact of or resulting
from the impairment. Many students eligible for Section 504 accommodations have special health care needs; some could include: HIV, Tourette syndrome, attention deficit hyperactive disorder (ADHD), heart malfunctions, communicable diseases, urinary conditions, blood disorders, chronic fatigue syndrome, school phobia, and respiratory conditions such as asthma, epilepsy, cancer, birth defects, and tuberculosis, diabetes, and food allergies. Section 504 and the ADA state that when determining whether the impairment is substantially limiting, the beneficial effects of any “mitigating measures” the student may be receiving or could receive should be ignored. The law defines “mitigating measures” to be factored out of the eligibility decision as including:
(i) Medication; medical supplies, equipment, or appliances; low-‐vision devices (which do not include ordinary eyeglasses or contact lenses); prosthetics including limbs and devices; hearing aids and cochlear implants or other implantable hearing devices; mobility devices; or oxygen equipment and supplies; (ii) Use of assistive technology; (iii) Reasonable accommodations or auxiliary aids or services; or (iv) Learned behavioral or adaptive neurological modifications.
Thus, if a student seems fine as a result of some medication, accommodation or assistive technology the student receives, but without it he or she would be substantially limited in a major life activity, the student will likely be a qualified person with a disability under Section 504 and the ADA. Please note that if the impairment is well controlled by virtue of some mitigating measure, the student may not need any interventions and supports in a 504 Plan, even though the student is considered disabled under the law. As a general matter, typical supports or interventions provided by regular education teachers to any student in the classroom, whether or not the student has a disability, are not considered a “mitigating measure.” “Major Life Activities” Major life activities are defined as activities considered important to daily life. The law includes a long list of major life activities, but it is not exclusive. The listed categories are:
1) Caring for oneself; 2) Performing manual tasks; 3) Seeing; 4) Hearing; 5) Eating; 6) Sleeping; 7) Walking; 8) Standing; 9) Lifting; 10) Bending; 11) Speaking; 12) Breathing; 13) Learning; 14) Reading; 15) Concentrating; 16) Thinking; 17) Communicating; 18) Working; and
19) The operation of a major bodily function. The “operation of a major bodily function” at the end of the list above includes, but is not limited to, the operation of the following bodily functions:
1) Function of the immune system; 2) Normal cell growth; 3) Digestive; 4) Bowel; 5) Bladder; 6) Neurological; 7) Brain; 8) Respiratory; 9) Circulatory; 10) Endocrine; and
11) Reproductive function. In order to determine eligibility for Section 504 accommodations or services, your child must be evaluated by a team of individuals who are familiar with your child and knowledgeable about the disability. The results will be shared at a team meeting in which you are involved.
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DOES SECTION 504 REQUIRE EVALUATIONS? Section 504 requires that a school evaluate any student who, because of a disability, needs accommodations that would assist in keeping the child in the general education classroom. An evaluation is also required prior to any significant change in placement. Most evaluations under Section 504 only involve gathering information that has already been conducted, such as by a medical doctor or teachers in classrooms. The evaluation data should be reviewed to determine if it is current or needs to be updated. If the school and/or parent have reason to believe that, because of a disability as defined under Section 504, a student needs accommodations in order to participate in the school program, the school must evaluate the student. If it is determined that a student is disabled under Section 504, the school must develop and implement all needed accommodations agreed by the Section 504 committee. Eligibility Determination Must Be Made On Case-‐By-‐Case Basis In conclusion, the determination of whether a particular impairment qualifies for Section 504 protections can be complex and must be made on a case-‐by-‐case basis in accordance with district policies and procedures. In all cases, however, there must be a physical or mental impairment that substantially limits a major life activity. The school should develop a written Section 504 plan describing the accommodations. Service decisions must be based on evaluation information and student needs. The decisions must be made by a group of persons knowledgeable about the child, the disability, and the meaning of the evaluation data. SCHOOL RESPONSIBILITIES UNDER SECTION 504 It must be emphasized that Section 504 falls under the management responsibility of the general education program. The school staff and parents need to work in collaboration to help guarantee that the student is provided with the necessary accommodations. To be in compliance with Section 504, schools must:
1. Provide written assurance of nondiscrimination. 2. Designate a 504 Coordinator. 3. Provide grievance procedures to resolve complaints. 4. Provide notice of nondiscrimination in admission or access to its programs or activities. Notice must be included
in a student/parent handbook. 5. Identify and locate annually all qualified children with disabilities who are not receiving a public education. 6. Notify annually persons with disabilities and their parents or guardians of the district’s responsibilities under
Section 504. 7. Provide parents or guardians with procedural safeguards. 8. Conduct a self-‐evaluation of school district policies, programs, and practices to make sure discrimination is not
occurring. PARENT RESPONSIBILITIES
1. Share your concerns with the school early before they become major problems. 2. Be involved in Section 504 meetings concerning your child. 3. Assist in developing appropriate accommodations for your child. 4. Encourage your child to cooperate with school staff and do his/her best. 5. Collaborate with other agencies, such as vocational rehabilitation, when appropriate. 6. Use mediation or the grievance procedure as options if a difference cannot be resolved with the school.
STUDENT RESPONSIBILITIES
1. Be involved at Section 504 meetings, when appropriate. 2. Be familiar with your Section 504/ADA rights at postsecondary programs before graduating from high school. 3. Cooperate and put forth maximum effort at school.
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ROLE OF THE SECTION 504 COORDINATOR The role of the Section 504 Coordinator is to assist the school in meeting requirements under Section 504 of the Rehabilitation Act of 1973. The Coordinator will provide resources and help educators and administrators regarding their responsibilities under Section 504. In addition, the Coordinator will assist in creating an ongoing program that will support accommodating students’ needs. If you have questions regarding Section 504, call the school Section 504 Coordinator. HOW DOES THE SECTION 504 PROCESS WORK? The district has established a set of procedures and forms that guide Section 504 processes to ensure that the school meets its Section 504 responsibilities to students. A summary of that process follows. Early Intervening
1. If a student experiences educational difficulties, a team meets to discuss the concerns. 2. The team suggests research-‐based intervention strategies to help correct the difficulties. The primary function of the
early intervening team is to offer assistance to teachers who have students who are experiencing academic and/or behavioral problems.
3. If the strategies over time are unsuccessful, the team can make a referral for evaluation to Section 504, special education, Title I, or other school programs. The same team can serve as the Section 504 committee. Many schools start with an evaluation for special education to rule out the possibility of special education eligibility.
Best Practice: The parents should be involved throughout the process. The school should keep adequate written documentation.
Referral for Evaluation
4. Referrals are accepted from parents and the school. Ideally, all referrals should go through the early intervening team.
5. The problem(s) and previous remedies are considered and reviewed. The summary should include all current information and recommendations.
6. Any parent, legal guardian or school staff member may initiate a referral of student who is believed to be a child with a disability under Section 504. An adult student of eligible school age also may initiate such a referral for him or herself.
7. A referral for Section 504 must be forwarded to the Section 504 Coordinator for the district. This person shall ensure that the district will initiate the 504 referral process. Based on the information in the referral form, the Coordinator may choose to refer the child to the district’s special education process instead of the 504 referral process.
Notification
8. The school notifies the parents or guardians, in writing, of the school’s reason for and intent of conducting an evaluation. The notice should include a description of the evaluation and of procedural safeguards for parents.
Written Consent
9. Securing written consent before the initial accommodations should always be considered a best practice. Evaluation
10. The school evaluates all students with disabilities before making an initial placement or any subsequent, significant change in placement. Many schools evaluate a student for possible special education eligibility before considering Section 504.
Best Practice: If the student has a learning difficulty or has attention problems, it might be wise to conduct a special education evaluation to rule out a learning disability or other disability in special education.
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Eligibility
11. A recommended strategy is to use the early intervening team as the Section 504 team. The team, with parents, meets and analyzes the evaluation data to determine if the student has a mental or physical impairment that substantially limits a major life activity and is in need of educational related accommodations. Section 504 accommodations should, to the maximum extent possible, occur in the general education environment.
12. The district/building Section 504 Coordinator will convene a team meeting within a reasonable time to consider the information gathered with the person making the request. The Team will document their decision and provide notice of rights and responsibilities to the parent/guardian. The team may need to further evaluate the student to determine appropriate placement. The Team may also decide to refer the child to the district’s special education process, or to access any available pre-‐referral process that may be operating in the school building.
13. All decisions regarding a student’s 504 eligibility, placement and the provision of any necessary related aids and
services will be made by the 504 Team, and will be based on information from a variety of sources, with information from all sources being carefully considered and documented.
14. Members of the 504 Team should include the building/district 504 Coordinator and any other appropriate school staff
and teachers who are knowledgeable about the student, the evaluation data and the placement options. This may include the school nurse when appropriate. The student’s parent/guardian will be invited to participate in the 504 Team meeting. The school or the parent/guardian may invite other individuals with knowledge about the child to the 504 meeting.
15. An advanced notice will be given to the parent/guardian or adult student prior to the meeting, notifying them of the
time, place and purpose of the meeting. Whenever possible, the notice should be provided at least seven days before the meeting.
16. The district/building Section 504 Coordinator will chair the meeting and have the duty of taking minutes at the
meeting. A copy of the minutes will be sent to the parent/guardian and placed in the student’s education records within a reasonable time after the meeting.
Written Consent
17. Securing written consent before the initial service should always be considered a best practice. Accommodation Plan
18. The Team must ensure that decisions about student eligibility or about significant changes in the student’s program or supports are based on an evaluation of the child. If this evaluation is going to include specific testing of the child, the school must obtain written consent from the parent/guardian before conducting that testing. If a parent refuses to provide consent for an initial evaluation to determine a student’s 504 eligibility, the school may, but is not required to, initiate a 504 hearing challenging the parent’s decision.
19. Team decisions will be made by consensus. It is not appropriate to make eligibility, placement, or programming
decisions based on a majority “vote.” In the absence of consensus, the 504 Coordinator will make the final decision regarding a child’s eligibility and, if needed, the placement and related aids and/or services that the child needs.
20. The school unit must provide the parent/guardian with notice of the district’s proposals or refusals, or both, regarding
their child’s educational program, and with notice that the parent/guardian have a right to seek resolution of any disagreements through the local grievance procedure or by initiating an impartial due process hearing.
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Placement for Services
21. When considering a student’s eligibility under Section 504, the Team will complete a 504 Eligibility Form. A copy of the completed Eligibility Form will be sent to the parent/guardian within a reasonable time after the meeting and shall be placed in the student’s education records.
22. If the Team determines that an eligible student requires accommodations and/or related aids or services, a Student
504 Accommodation Plan will be written.
23. If the Team determines that an eligible student does not now require any accommodations and/or related aids or services, a 504 Accommodation Plan should be written specifying that no aids or services are needed at this time.
Implementation
24. The 504 Plan will be made available to all staff who have responsibilities under the Plan, to the parent/guardian and the 504 Coordinator. A copy of the 504 Plan will also be placed in the student’s education records within a reasonable time after the meeting, unless the building maintains a separate 504 folder.
25. The school staff makes the necessary accommodations to allow for the student’s special learning and/or health care needs. Parents should be consulted and given opportunity for input regarding the accommodations.
26. The accommodations are implemented. Review
27. The 504 Plan should be reviewed at least annually or sooner if requested. The 504 Team should meet at least annually to review even those 504 Plans that indicate no services are currently needed.
28. All 504 students may be reevaluated periodically, but no less than every three years, to determine their continued eligibility and, if eligible, their continued need for accommodations or related aides and/or services. At any point in the 504 process, school staff or the parent/guardian or adult student may initiate a referral to consider the student’s eligibility for special education.
GENERAL ACCOMODATIONS: The determination of what accommodations are needed must be made by a group of persons knowledgeable about the student and also about the disability. This usually involves the school principal, classroom teacher(s), and other educators working with your child. The parent should be included in the process. The group will review the nature of the disability and how it affects the student's education. The decisions about Section 504 eligibility and services should be documented in the student's file and reviewed periodically.
An appropriate education for students eligible under Section 504 may consist of education in general classes with accommodations and programs designed to meet their unique needs. It is important to keep in mind that some students who have physical or mental conditions that limit their ability to access and participate in the education program are entitled to accommodations under Section 504, even though they may not fall into a disabilities category covered under special education.
Most accommodations are inexpensive and within the resources of most schools. Accommodations are made by the classroom teacher(s) and other school staff to help students benefit from their educational program. The following is a list of some general accommodations that assist students with disabilities to benefit from their education. Good teachers normally just make these adjustments as necessary: Provide study carrels Use room dividers Provide headsets to muffles noise Seat student away from door/window Seat near model (student/teacher) Provide time-‐out area Rearrange student groups Group for cooperative learning Vary working surface (floor/board) Simplify or shorten directions Give both oral & written directions Have student repeat directions Ask frequent questions Change question level/difficulty Change response format Provide sequential directions Use manipulatives Alter objective criterion level Provide functional tasks Reduce number of items on a task Highlight relevant words/features Use rebus (picture) directions Provide guided practice Provide more practice trials Increase allocated time Use a strategy approach Change reinforcements
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Increase reinforcement frequency Delay reinforcement Provide error drill Use specific rather than general praise Have a peer tutor program Use self-‐correcting materials Provide frequent review Provide mnemonic devices Provide tangible reinforcements Have student summarize at end of lesson Use behavioral contracts Tape record directions Adapt test items for differing responses Establish routines (handing in papers, heading papers, test taking) Use a study guide Provide critical vocabulary list Provide essential fact list Use cloze to test comprehension Provide transition directions Assign only one task at a time Provide discussion questions before reading Use work markers to guide reading Alter sequence of presentation Enlarge or highlight key words on test Post daily/weekly schedule Provide daily/weekly assignment sheets Establish rules and review frequently Use graph paper (for place value or when adding/subtracting two digit numbers)
Teach key direction words Use distributed practice Provide pencil grips Shorten project assignments into daily tasks Segment directions Number assignments to be completed Repeat major points Use physical cues while speaking Pause during speaking Use verbal cues Change tone of voice, whisper, etc. Use an honor system Collect notebooks to review student notes Reorganize tests to go from easy to hard Color code place value tasks Use self-‐teaching materials Do only odd or even # items on large sheet Use large print on created written material Provide organizers for desk material Teach varied reading rates (scanning, skimming, etc.) Provide content/lecture summaries Call student name before asking questions Use extra spaces between lines of print Use computer for writing tasks Color code materials or directions Use raised-‐line paper Provide calculators Circle math computation sign Use hand signals to cue behavior Establish a rationale for learning Use advanced organizers Help students to develop their own learning strategies Use peers to review completed work Monitor stress, fatigue – allow students to stand, stretch, take a break as necessary Use a timer to assist student to focus Supply a set of textbooks for home Provide a copy of peer’s class notes Establish weekly progress reports Provide mentoring services at school Allow student to leave class early to get to next class Test verbally Modify assignment/test depending on disability Others as are appropriate for student EXTRACURRICULAR ACTIVITIES A disabled student is qualified to participate in non-‐academic services such as extracurricular activities if he or she “meets the essential eligibility requirements for the receipt of such services.” If the student meets the eligibility requirements for the activity, with or without reasonable accommodations, the district has an obligation to permit the student to participate on equal terms with non-‐disabled students and must provide any necessary accommodations at no cost to the student. Most disputes regarding students with disabilities in extracurricular activities concern whether requested accommodations would be reasonable and necessary for the district to provide. These issues are complex and have been litigated extensively in the courts. The student’s Section 504 Team should undertake a thorough review before any student is denied access to a desired activity. NOTICE OF PARENT/STUDENT RIGHTS -‐ SECTION 504 OF THE REHABILITATION ACT OF 1973 The following is a description of the rights granted by Section 504 of the Rehabilitation Act (“Section 504”) to parents and their children who are identified as disabled. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions. You have the right:
1. To have your child take part in and receive benefits from public education programs without discrimination because of his/her disability.
2. To have the school district notify you of your rights under federal law. 3. To receive notice with respect to the identification, evaluation, and services for your child. 4. To have your child receive a free appropriate public education. This includes the right to be educated with students
without disabilities to the maximum extent appropriate; in comparable facilities and receive comparable services to those provided non-‐disabled students;
5. To have decisions regarding your child’s evaluation, program and placement based upon a variety of information sources, and made by persons familiar with the student, the evaluation data, and the placement options;
6. To have your child re-‐evaluated periodically, to the extent necessary, including before any significant changes are made to your child’s educational program or placement;
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7. To have your child receive an equal opportunity to participate in nonacademic and extracurricular school activities offered by the district;
8. To examine all relevant educational records relating to decisions regarding your child’s identification, evaluation, education program, and placement;
9. To obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records;
10. To receive a response from the school district to reasonable requests for explanations and interpretations of your child’s records;
11. To request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of your child. If the school district refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing;
12. To file a complaint through local complaint procedures regarding any alleged violation of the Rehabilitation Act. 13. To request in impartial hearing, to be conducted by a person who is not an employee of the district, to dispute
decisions or actions regarding your child’s identification, evaluation, educational program or placement as a student with a disability. You and your child may take part in the hearing and have an attorney represent you at your own expense.
IMPARTIAL HEARING AND COMPLAINT PROCEDURES Impartial Hearing: When a parent/guardian or adult student disagrees with the district’s decisions regarding the Section 504 process, they are entitled to request a hearing conducted by an impartial hearing officer from outside the school unit. Complaint Procedure The U.S. Department of Education maintains Regional Civil Rights Offices to enforce Section 504 and other civil rights laws. All parents have the right to directly contact the Office for Civil Rights, if they believe their child is being discriminated against based on a disability. Most difference with schools can be resolved before contacting the Office for Civil Rights. It is suggested you follow the procedures outlined below:
1. First, try to resolve your differences at the teacher or school level. Set-‐up meeting to discuss your concerns.
2. If unsuccessful, set up a meeting with the school’s Section 504 Coordinator. 3. If unsuccessful, follow the school district’s grievance policies and procedures. 4. If available, ask for mediation. This is a free service for parents. A neutral individual will work
with you and the school to help resolve your differences. 5. If unsuccessful and you believe your child has been discriminated against, ask the Section 504
Coordinator how to file a grievance. 6. If unsuccessful, call the Office for Civil Rights in Chicago, IL to express your concerns. Contact
information provided below. 7. In addition to the normal grievance procedure required by Section 504/ADA, Title IX, and Title
VI, the U.S. Department of Education has an administrative rule for regulating due process hearings under Section 504.
The Section 504 hearing is to resolve differences involving the education of Section 504/ADA qualified students with disabilities when such differences cannot be solved by means of a less formal procedure. The Section 504 hearing is an opportunity to present objections and reasons for the objections to the decisions and/or procedures used by the school under Section 504/ADA.
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The district maintains a student Discrimination and Harassment Complaint Procedure. This procedure provides a process for students or parents/guardians to raise concerns regarding the school’s compliance with its obligations under state and federal discrimination and disability laws, including Section 504. For violations by school districts or CDS sites under Section 504, parents have three options: 1. Filing a complaint with the local school district’s or CDS site’s 504 Coordinator; 2. Filing a lawsuit in U.S. District Court; or 3. Filing a complaint with the Office for Civil Rights (OCR) in the U.S. Department of Education. Office for Civil Rights Complaint Process Sometimes, even when we do our best, we cannot come to agreement. Every effort must be used to resolve the difference at the school level, including requesting free mediation services. If all else fails, you have the right to file a complaint with the Office of Civil Rights. An individual person or an organization may file a complaint with the Office of Civil Rights of the U.S. Department of Education. An OCR complaint must be filed, in writing, within 180 days after the violation has occurred. Anyone wishing to file a formal complaint with OCR should submit in writing the following information in a letter or use the Discrimination Complaint Form available from OCR regional offices:
• Your name and address (a telephone number where you may be reached during business hours is helpful but not required).
• A general description of the person(s) or class of persons injured by the alleged discriminatory act(s) (names of the injured person(s) are not required).
• The name and location of the school that committed the alleged discriminatory act(s). • A description of the alleged discriminatory act(s) in sufficient detail to enable OCR to understand
what occurred, when it occurred, and the basis for the alleged discrimination (race, color, national origin, sex, disability, or age).
A school may not retaliate against any person who has made a complaint, testified, assisted, or participated in any manner in an investigation or proceeding. The address for the Office for Civil Rights for Iowa is:
Chicago Office Office for Civil Rights U.S. Department of Education Citigroup Center 500 W. Madison Street, Suite 1475 Chicago, IL 60661
Telephone: 312-‐730-‐1560 FAX: 312-‐730-‐1576; TDD: 877-‐521-‐2172 Email: [email protected]
OCR will investigate the complaint and may send someone to meet with parents and the school to discuss the problem and to work out a solution. More information is available at the Department of Education, Office of Civil Rights website: http://www2.ed.gov/about/offices/list/ocr/index.html?src=oc
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YOUR RIGHTS UNDER SECTION 504 OF THE REHABILITATION ACT FACT SHEET
U.S. Department of Health and Human Services� Office for Civil Rights� Washington, D.C. 20201�(202) 619-‐0403
What Is Section 504? Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency, including the U.S. Department of Health and Human Services (DHHS). These organizations and employers include many hospitals, nursing homes, mental health centers and human service programs. Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services. Who Is Protected from Discrimination? Section 504 protects qualified individuals with disabilities. Under this law, individuals with disabilities are defined as persons with a physical or mental impairment, which substantially limits one or more major life activities. People who have a history of, or who are regarded as having a physical or mental impairment that substantially limits one or more major life activities, are also covered under Section 504. Major life activities include caring for one's self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. Some examples of impairments which may substantially limit major life activities, even with the help of medication or aids/devices, are: AIDS, alcoholism, blindness or visual impairment, cancer, deafness or hearing impairment, diabetes, drug addiction, heart disease, and mental illness. In addition to meeting the above definition, for purposes of receiving services, education or training, qualified individuals with disabilities are persons who meet normal and essential eligibility requirements. For purposes of employment, qualified individuals with disabilities are persons who, with reasonable accommodation, can perform the essential functions of the job for which they have applied or have been hired to perform. (Complaints alleging employment discrimination on the basis of disability against a single individual will be referred to the U. S. Equal Employment Opportunity Commission for processing.) Reasonable accommodation means an employer is required to take reasonable steps to accommodate your disability unless it would cause the employer undue hardship. Prohibited Discriminatory Acts in Health Care and Human Services Settings Section 504 prohibitions against discrimination apply to service availability, accessibility, delivery, employment, and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A recipient of Federal financial assistance may not, on the basis of disability:
• Deny qualified individuals the opportunity to participate in or benefit from federally funded programs, services, or other benefits.
• Deny access to programs, services, benefits or opportunities to participate as a result of physical barriers. • Deny employment opportunities, including hiring, promotion, training, and fringe benefits, for which
they are otherwise entitled or qualified.... These and other prohibitions against discrimination based on disability can be found in the DHHS Section 504 regulation at 45 CFR Part 84. For information on how to file a complaint of discrimination, or to obtain information of a civil rights nature, please contact us. OCR employees will make every effort to provide prompt service. Hotlines: 1-‐800-‐368-‐1019 (Voice) 1-‐800-‐537-‐7697 (TDD) E-‐Mail: [email protected] Website: http://www.hhs.gov/ocr
Your Rights Under Section 504 of the Rehabilitation Act (H-‐8/June 2000 – revised June 2006 -‐ English)