The purpose of this policy is to provide guidelines for Section 504 requests.
It is the policy of the Board of Education to provide a free and appropriate public education to each handicapped student within its jurisdiction, regardless of the nature or severity of the handicap. It is the intent of the district to ensure that students who are handicapped within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational services. Students may be handicapped under this policy even though they do not require services pursuant to the Individuals with Disabilities Education Act (IDEA).
Due process right of handicapped students and their parents under Section 504 will be enforced.
The building principal is the coordinator of Section 504 activities.
1. Be knowledgeable about district responsibilities under Section 504 legislation and the Americans With Disabilities Act (ADA) to assure district compliance.
2. Place a yearly public notice in the designated school paper regarding admission to school based on nondiscrimination and outlining parent rights.
3. Coordinate staff and parent awareness and training activities concerning Section 504 referrals.
4. Facilitate requested evaluations or evaluations based on need.
5. Facilitate the development of 504 accommodation plans based on assessed need for students and staff.
6. Facilitate periodic reviews of 504 accommodation plans.
7. Establish and monitor and impartial hearing process for complaint resolution that is prompt, equitable, and resolves Section 504 grievances.
8. Assure meaningful access for handicapped parents to school initiated activities, in addition to the academic and/or disciplinary aspects of their child’s education.
9. Work in partnership with local Director of Special Education.
10. Serve as the school district liaison with the regional office for civil rights.
11. Maintain data on Section 504 referrals.
12. Establish and monitor a Section 504 Referral/Identification and Review Process.
You have the right to:
1. Have your child take part in, and receive benefits from public education programs without discrimination because of his/her handicapping conditions;
2. Have the school district advise you of your rights under federal law;
3. Receive notice with respect to identification, evaluation, or placement of your child;
4. Have your child receive a free appropriate public education. This includes the right to be educated with non-handicapped students to the maximum extent appropriate. It also includes the right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
5. Have your child educated in facilities and receive services comparable to those provided non-handicapped students;
6. Have your child receive special education and related services if he/she is found to be eligible under the Individuals with Disabilities Education Act (PL 101-476 or Section 504 of the Rehabilitation Act.
7. Have evaluation, educational, and placement decisions made based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options;
8. Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the district.
9. Have your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the district;
10. Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program, and placement.
11. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records;
12. A response from the school district to reasonable requests for explanations and interpretations of your child’s records;
13. Request amendment of your child’s educational records if there is a 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;
14. Request mediation or an impartial due process hearing related to decisions or actions regarding your child’s identification, evaluation, educational program or placement. You and the student may take part in the hearing and have an attorney represent you. Hearing request must be made to the Superintendent.
15. Ask for payment of reasonable attorney fees if you are successful on your claim;
16. File a local grievance.
The person in this district who is responsible for assuring that the district complies with Section 504 is the Superintendent. Telephone 218-945-6933
Step 1. The grievance must be in writing and must be signed by the person making the complaint.
The grievance must be filed with the 504 coordinator within five (5) school days. The 504 coordinator will promptly attempt to resolve the matter among the affected parties. If the 504 coordinator is unable to resolve the grievance, he/she shall further investigate the matters of grievance and reply in writing to the complainant within ten (10) school days from the date of filing the grievance.
Step 2. If the complainant wishes to appeal the decision of the local Civil Rights Coordinator, he/she may submit a signed statement of appeal to the Superintendent of Schools within five (5) school days after receipt of the Coordinator’s response. The Superintendent shall meet with all parties involved, formulate a conclusion, and respond in writing to the complainant with ten (10) school days.
Step 3. If the complainant remains unsatisfied, he/she may appeal through a signed written statement to the Board of Education within five (5) school days or his/her receipt of the Superintendent’s response in Step 2. In an attempt to resolve the grievance, the Board of Education shall meet with the concerned parties and their representative within forty (40) school days of the receipt of such an appeal. A copy of the Board’s disposition of the appeal shall be sent to each concerned party within ten (10) school days of this meeting.
Step 4. If at this point the grievance has not been satisfactorily settled, further appeal may be made to the Office for Civil Right, Department of Education, Washington, D.C. 20201