Section 504/Title II Public Notice, Information & Resources
Section 504 of the Rehabilitation Act of 1973 (commonly referred to as “504”) and Title II of the Americans with Disabilities Act prohibits discrimination against students on the basis of their disability. The purpose of this document is to provide information about Section 504 and the School District’s procedures that have been developed to comply with the requirements of Section 504. This document reflects the District’s commitment to address the educational needs of ALL children.
Parents/guardians with concerns about their student's educational needs should pursue the following steps toward a resolution of the issue:
Step 1: Initiate a conversation with your student's building principal, counselor, or classroom teacher. We recommend that you follow up with a written request to your student's principal requesting a 504 meeting or review.
Step 2: If you do not receive a timely response, please contact the District's 504 Coordinator, Lisa Horvatich, at [email protected], or 313-242-0537.
Procedural Safeguards for 504
This document summarizes the procedures and rights you have as the parent of a student who may qualify for accommodations or services under Section 504 and the ADA.
Section 504 of the 1973 Rehabilitation Act, along with the Americans with Disabilities Act, (Section 540/ADA), 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.
Many students who meet the definition of an "individual with a disability" under Section 504/ADA also qualify for services under the Individuals with Disabilities Education Act (IDEA). Such students are served pursuant to the requirements of the IDEA. The rest of this document addresses only the rights of parents of students who satisfy the definition of an individual with a disability under Section 504/ADA but do not qualify under IDEA.
If it is determined that your child meets the definition of an individual with a disability under Section 504/ADA, then your child will be entitled to a free and appropriate public education. This means that your child's education will be designed to meet his/her individual educational needs as adequately as the needs of non-disabled students are met. A "free" public education means that no fees will be imposed on you except for the same fees that are imposed on parents of non-disabled students. However, insurance companies and other third parties that are obligated to provide or pay for service to your child are still obligated to do so.
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.
Prior to conducting an evaluation of your child for purposes of service 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 non-disabled 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 reevaluate your child as appropriate.
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 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. The 504 Team will also ensure that your child is placed in the "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 non-disabled students in the regular education environment to the maximum extent appropriate. Prior to removing your child from the regular education environment due to his/her disability, the school will consider the use of supplementary aids and services. Your child will be removed from the regular education environment only if he/she cannot be served satisfactorily in that environment, even when supplementary aids and services are provided.
If it becomes necessary to service your child in an alternate setting due to disability, the school will take into account the proximity of the alternate setting to your home.
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 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. Parents and school staff should try to work out any differences before moving to due process or filing a complaint with OCR. 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 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.
You also have the right to file a complaint with the Office for Civil Rights.
Cleveland Office: U.S. Department of Education 1350 Euclid Avenue Suite 325 Cleveland, OH 44115 Telephone: (216) 522-4970 Facsimile: (216) 522-2573 Email: OCR.Clevelan[email protected]