Section 504 prohibits discrimination against persons with a disability in any program receiving Federal assistance. The Act defines a person with a disability as anyone who:
1. has a mental or physical impairment which substantially limits one or more major life activity(ies) (major life activities include activities such as caring for one’s self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning and working).
2. has a record of such impairment; or
3. is regarded as having such impairment.
In order to fulfill its obligation under Section 504, Regional School District #11 and Chaplin, Hampton, and Scotland School Districts recognize a responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability will knowingly be permitted in any of the programs and practices in the school system.
The school district has specific responsibilities under the Act, which include the responsibility to identify, evaluate, and if the student is determined to be eligible under Section 504, to afford access to appropriate educational services.
If the parent of guardian disagrees with the determination made by the professional staff of the school district, he/she has a right to a hearing with an impartial hearing officer.
The Family Educational Rights and Privacy ACt (FERPA) also specifies rights related to educational records. this Act gives parents/guardians the right to: 1) inspect and review his/her child’s educational records; 2) make copies of these records;
3) receive a list of all individuals having access to those records; 4) ask for an explanation of any item in the records; 5) ask for an amendment to any report on the grounds that it is inaccurate, misleading, or violates the child’s rights; and 6) a hearing on the issue if the school refuses to make the amendment.
If there are questions, please contact the 504 Coordinator for the school at Chaplin Elementary School.
- When a student is evaluated and found not eligible for Special Education services
- When a student is exited from Special Education services
- When retention is being considered *
- When a student exhibits a chronic health problem
- When a student returns to school after a serious illness or injury, or following a hospital placement *
- When a disability of any kind is suspected *
- When a student is identified as “at risk”, exhibits the potential for dropping out of school, or returns form a juvenile detention facility *
- When substance abuse is an issue *
- When the student shows a pattern of not benefiting from the instruction being provided *
- When expulsion or denial of services is being considered for any student *
* These circumstances will usually first trigger a referral to Special Education under IDEA
- Situation is recognized that indicates consideration of a referral to the 504 Team. A 504 Referral Form is completed and forwarded to the school’s 504 coordinator.
- Parent is notified and a meeting of the 504 Team is scheduled at a mutually agreed upon time with the parent. Notice of Meeting is sent to parents and staff.
- The initial 504 meeting is held to discuss the presenting issues, data that has been collected and the determination of the need for more data and/or evaluative information. If the referral has come through the special education process and the student has been found not eligible under IDEA, this team may have enough information to determine eligibility of 504 accommodations.
- Parental consent is secured for evaluations if they have been recommended. (Note: There is no procedural timeline for the completion of the evaluations, but the should be completed as soon as possible.) This meeting is then adjourned until the evaluations are completed. 504 Meeting Summary is sent to parents.
- If there is enough information (IDEA evaluation, medical information, etc.) to determine eligibility, the team must complete the 504 Eligibility Determination worksheet. Otherwise, the Team waits until the additional data/evaluative information is available.
- If the team does not find the student eligible for accommodations under Section 504, the parents must be so notified and they must be informed of Parental Rights under Section 504.
- If is is determined that the student is eligible, a Section 504 Accommodations Plan is developed. A student case manager is assigned to monitor the Plan.
- The right to be informed of your rights under Section 504 of the Rehabilitation Act.
- The right for your child to have equal opportunities to participate in academic, nonacademic and extracurricular activities in your school.
- The right to be notified about referral, evaluation and programs for your child.
- The right for your child to be fairly evaluated.
- The right, if eligible for services under Section 504, for your child to receive accommodations, modifications, and related services that will meet the child’s’ needs as well as the needs of students without disabilities are met.
- The right for your child to be educated with peers who do not have disabilities as much as possible.
- The right to an impartial hearing if you disagree with the school regarding your child’s educational program.
- The right to review and obtain copies of your child’s records.
- The right to request attorney fees related to securing your rights under Section 504.
- The right to request changes in the educational program of your child.