Does your child qualify under Section 504?

Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met.

A student is considered “qualified” under Section 504 if the student is between the ages of 3 and 22 years of age and has a disability, which is defined as a physical or mental impairment that substantially limits one or more major life activities. Major life activities include caring for one’s self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning.

Some examples of impairments that may substantially limit major life activities, even with the help of medication, aids or devices are: attention deficit hyperactivity disorder (ADHD), asthma, allergies, blindness or visual impairment, deafness or hearing impairment, diabetes, epilepsy, heart disease, and mental illness.

Bethel Grade School attempts to identify and locate every student who may be a student with a disability under Section 504. If your child has an impairment which may substantially limit major life activities, please contact the Superintendent to initiate the Section 504 Process.

PARENT/STUDENT RIGHTS/PROCEDURAL SAFEGUARDS

You have the right to:

1. Have your child take part in, and receive an appropriate education and benefits from public education programs without discrimination because of his/her disability;

2. Have the school district advise you of your rights and procedural safeguards under Section 504 in an understandable language;

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-disabled students to the maximum extent appropriate in the least restrictive environment. It also includes the right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school-related activities;

5. Have your child educated in facilities and receive services comparable to those provided non-disabled students;

6. Have your child receive an individualized evaluation and receive special education services if s/he is found to be eligible under the 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 your child be given an equal opportunity to participate in nonacademic and extracurricular activities offered by the district.

9. Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program and placement, and obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records;

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

11. Request an amendment(s) of your child’s educational records if you believe that they are inaccurate, misleading or otherwise in violation of the privacy or other rights of your child. If the school district refuses your request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing consistent with the procedures in the Illinois School Student Records Act;

12. File a grievance under the District’s Uniform Grievance Procedure with the district hearing officers;

13. Request 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 at your own expense. The impartial Hearing Officer will be selected by the district. Hearing requests must be made to the Superintendent.

14. File a complaint with the Office for Civil Rights of the United States Department of Education alleging a violation of your rights under Section 504.