Revised:
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