SD308 - Rights and Procedural Protections

Notice of Rights and Procedural Protections Under Section 504 and the Americans with Disabilities Act

Introduction

Section 504 of the 1973 Rehabilitation Act, along with the Americans with Disabilities Act, requires that the school district may not discriminate against students with disabilities. Accordingly, the district has adopted policies and procedures to ensure that discrimination does not take place. In the rest of this document, we will refer to these laws as "Section 504/ADA."

Section 504 Eligibility

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights statute that prohibits discrimination against an individual who is qualified as "disabled" under the statute. No individual with a disability under Section 504 shall, on the basis of the disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination in any District program or activity. An individual is "disabled" if he or she has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. A student who is disabled under Section 504 may require reasonable accommodations to access the educational program in a manner similar to his/her non-disabled peers.

Notice

You have the right to be notified by the district prior to any action that would identify your child as having a disability, evaluate your child for services under Section 504/ADA, or place your child in a program based on a disability.

Evaluation

Prior to conducting an evaluation of your child for purposes of services under Section 504/ADA, the district will seek your informed written consent. An evaluation will not be conducted unless you give consent. However, school officials may review existing records, test scores, grades, teacher reports, and recommendations and other such information without your consent to the same extent they would do so for nondisabled students.

If an evaluation is conducted, the school will make sure that

All testing and other evaluation procedures are validated for the specific purpose for which they are used
They are administered by trained personnel in conformity with the instructions provided by the producer
They include tests and other evaluation materials designed to assess specific areas of educational need and not merely those designed to elicit a general IQ score and
Tests are selected and administered to best ensure that they accurately measure what the test seeks to measure, rather than any sensory, speaking, or manual impairments
the student may have (except when the test is designed to measure sensory, speaking, or manual skills)

An evaluation that satisfies these requirements will be conducted prior to your child's initial placement and conducted or reviewed prior to any subsequent significant change in placement.

If your child is identified as an individual with a disability under Section 504/ADA the school will periodically re-evaluate your child as appropriate.

Placement

If your child is identified as an individual with a disability under Section 504/ADA, placement decisions about your child will be made by the school's 504 Team, which will include at least three professional staff members who, collectively, are knowledgeable about your child, the meaning of the evaluation data, and the placement options. You will be invited to participate in any meeting of the 504 Team if your child's placement and/or services are to be discussed.

Least Restrictive Environment

If your child is identified as an individual with a disability under Section 504/ADA, your child will be placed and served in the "least restrictive environment." This means that your child will be served with nondisabled students in the regular education environment to the maximum extent appropriate.

Examination of Records

You have the right to see and examine any educational records that pertain to your child or are relevant in serving your child. If you are interested in examining your student's records, please contact their school.

Hearings

If you disagree with a decision of the 504 Team regarding the identification, evaluation, or educational placement of your child you have the right to an impartial hearing. You have the right to participate in such a hearing and to be represented by a person of your choice, including an attorney.

If you wish to request a hearing, you must make a written request for a hearing within 30 calendar days from the time you receive the written notice of the decision of the 504 Team that you disagree with. Your request for a hearing must be filed with the district's Section 504 Coordinator.

Upon receipt of a timely request for a hearing, the district will notify you of the date, time, and location of the hearing. If you disagree with the decision of the hearing officer, you have the right to a review of that decision by a court in a competent jurisdiction.

Other Complaints

You also have the right to file a complaint with the district's Section 504 Coordinator pertaining to harassment, retaliation or discrimination against your child in ways that do not involve your child's identification, evaluation, or educational placement.