504 Plan Resources

The following is a description of student and parent rights under Section 504 of the Rehabilitation Act of 1973. The law requires that you be kept fully informed concerning decisions about your child and that you be informed of your rights if you disagree with any of these decisions.

I. Parents' Rights

You have the right to:

1. Have your child take part in and receive benefits from public education programs without discrimination

   based on a disability;

2. Have the school district advise you as to your rights under federal law;

3. Receive notice with respect to evaluation, identification, or placement of your child;

4. Have your child receive a free appropriate public education, including being educated with other non-disabled

   students to the maximum extent appropriate and having 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 students without

   disabilities;

6. Have evaluation, identification, and placement decisions made based upon a variety of information sources,

   and by individuals who know the student, the evaluation data, and placement options;

7. Give your child an equal opportunity to participate in nonacademic and extracurricular activities offered by

   the school district;

8. Examine all relevant records relating to decisions regarding your child's evaluation, identification, educational

   program, and placement;

9. Obtain copies of educational records at a reasonable cost;

10. Receive a response from the school district to reasonable requests for explanations and interpretations of your child's records;

11. Request amendment of your child's educational records if there is reasonable cause to believe they are inac- curate, misleading or otherwise in violation of the privacy rights of your child and receive notification and advice about your right to a hearing if the school district refuses this request: and

12. Request mediation or a grievance hearing related to decisions regarding your child's evaluation, identification, educational plan or placement as described in Section II below in which you and your child may take part and have an attorney represent you.

The 504 appeals procedure may be used for an disagreement with respect to actions regarding the identification, evaluation, educational services, or educational program of students who, because of disability, need or are believed to need Section 504 plans and are not eligible under the IDEA.

II. Grievance Procedure

STEP I - Principal Conference: A student, parent, or guardian wishing to invoke the 504 appeals process shall make a written request for conference with the principal to discuss the grievance and seek resolution. The request shall fully describe the grievance. The following additional guidelines shall be observed in Step I:

1. A grievance shall be filed as soon as possible but not longer than thirty school days after disclosure of the facts giving rise to the grievance.

2. The principal shall grant the conference within five school days following receipt of the request. The principal will state in writing his/her position on the question to the individual within five school days foll- owing the conference.

3. Only the parent, guardian, or someone acting in loco parentis shall be permitted to join or represent the stud- ent in the conference with the principal.

STEP II - Appeal to the Superintendent: If the grievance is not resolved at Step I, the student, parent, or guardian may appeal the principal's decision in writing to the superintendent or designee. The appeal must be made within five school days following receipt of the appeal. A written response shall be made to the student, parent guardian, and principal from the superintendent or his designee within then school days following the review.