Section 504 Accommodations
Section 504 of the Rehabilitation Act of 1973 was the first significant federal legislation to prohibit discrimination against individuals with disabilities. It applies to programs and entities that receive federal financial assistance.
No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
There are three ways that a person may qualify as an individual with disabilities under the regulations. A person is considered disabled under Section 504 if he or she:
- Has a physical or mental impairment which substantially limits one or more major life activities. Examples include walking, learning, hearing, caring for one's self, performing manual tasks, speaking and breathing. The term does not cover children disadvantaged by cultural environmental or economic factors. The term does not include individuals currently engaging in the illegal use of drugs.
- Has a record or history of such an impairment (e.g., a student who had cancer; a student in recovery). The term includes children who have been misclassified (e.g., a non-English speaking student who was mistakenly classified as having an intellectual disability).
- Is regarded as having such an impairment. A person can be found eligible under this section if he or she:
a. has a physical or mental impairment that does not substantially limit a major life activity but is treated by the district as having such a limitation (e.g., a student who has scarring, a student who walks with a limp);
b. has a physical or mental impairment that substantially limits a major life activity only as result of the attitudes of others towards such impairment (e.g., a student who is obese); or
c. has no physical or mental impairment but is treated by the district as having such an impairment (e.g., a student who tests positive with the HIV virus but has no physical effects from it).
Any person with inquiries concerning their building compliance of Section 504 should contact the building counselor or Director of Student Services.
504 PUBLIC NOTICE
The Fair Grove R-10 School District, as a recipient of federal financial assistance from the United States Department of Education and operates a public elementary or secondary education program and/or activity, is required to undertake to identify and locate every qualified person residing in the District who is not receiving a public education; and take appropriate steps to notify disabled persons and their parents or guardians of the District’s duty.
The Fair Grove R-10 School District assures that it will provide a free appropriate public education (FAPE) to each qualified disabled person in the District’s jurisdiction regardless of the nature or severity of the person’s disability. For purposes of Section 504 of the Rehabilitation Act of 1973, the provision of an appropriate education is the provision of regular or special and related aids and services that (i) are designed to meet individual educational needs of disabled persons as adequately as the needs of nondisabled persons are met and (ii) are based on adherence to procedures that satisfy the requirements of the 504 federal regulations.
The Fair Grove R-10 School District has developed a 504 Procedures Manual for the implementation of federal regulations for Section 504 of the Rehabilitation Act, Subpart D. This Procedures Manual may be reviewed in the Director of Student Services Office during normal school hours.
This notice will be provided in native languages as appropriate.
Parent/Student Rights under Section 504
Parents have the right to:
- Have your child take part in, and receive benefits from public education programs without discrimination based on a disability.
- Have the District advise you as to your rights under federal law.
- Receive notice with respect to identification, evaluation, or placement of your child.
- Have your child receive a free appropriate public education. This includes the right to be educated with non-disabled students to the maximum extent appropriate. It also includes the right to have the District make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities.
- Have your child educated in facilities and receive services comparable to those provided students without disabilities.
- Have your child receive special education and related services if she/he is found to be eligible under the Individuals with Disabilities Education Act (IDEA), or to receive reasonable accommodations under Section 504 of the Rehabilitation Act.
- Have eligibility and educational placement decisions made based upon a variety of information sources, and by individuals who know the student, the eligibility data, and placement options.
- Have transportation provided to and from an alternate placement setting at no greater cost to you than would be incurred if the student were placed in a program operated by the District.
- Give your child an equal opportunity to participate in nonacademic and extracurricular activities offered by the school District through the provision of reasonable accommodations.
- Examine all relevant records relating to decisions regarding your child's identification, eligibility, educational program, and placement.
- Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records.
- Receive a response from the District to reasonable requests for explanations and interpretations of your child's records.
- 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 District refuses this request, it shall notify you within a reasonable time, and advise you of the right to a hearing.
- Request impartial due process hearing related to decisions regarding your child’s identification, eligibility, and educational placement. You and your child may take part in the hearing and have an attorney represent you at your own cost.
- File a complaint with the District when you believe your child’s rights have been violated.
- Have periodic reevaluation and an evaluation prior to any significant change in program or service modifications including placement.
- Receive information in your native language and primary mode of communication.