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The Rehabilitation Act of 1973 commonly referred
to, as "§ 504," is a nondiscrimination statue enacted
by the United States Congress. The purpose of the Act is to prohibit
discrimination and to assure that disabled students have educational
opportunities and benefits equal to those provided to nondisabled
students.
An eligible student under § 504 is a student
who (a) has (b) has a record of having, or (c) is regarded as having,
a physical or mental impairment which substantially limits a major
life activity such as learning, self-care, walking, seeing, hearing,
speaking, breathing, working and performing manual tasks.
Dual Eligibility: Many students will be eligible
for educational service under both § 504 and Individuals with
Disabilities Education Act (IDEA). Students who are eligible under
the IDEA have many specific rights that are not available to students
who are eligible solely under § 504. A Parents Rights Brochure
is available through the school district's Special Education Department
and sets out the rights assured by the IDEA. It is the purpose of
this Notice form to set out the rights assured by
§ 504 to
those disabled students who do not qualify under the IDEA.
The enabling regulations for § 504 as set
out in 34 CFR Part 104 provide parents and/or students with the following
rights:
- You have the right to be informed by the school district of
your rights under § 504. (The purpose of this Notice form
is to advise you of those rights.) 34CFR 104.32.
- Your child has the right to an appropriate education designed
to meet his/her individual educational needs as adequately as
the needs of nondisabled students are met. 34 CRF 104.33.
- Your child has the right to free educational services except
for those fees that are imposed on nondisabled students or their
parents. Insurers and similar third parties are not relieved from
an otherwise valid obligation to provide or pay for services provided
to a disabled student. 34 CFR 104.33.
- Your child has a right to placement in the least restrictive
environment. 34.CFR 104.34.
- Your child has a right to facilities, services and activities
that are comparable to those provided for nondisabled students.
34 CFR 104.34.
- Your child has a right to an evaluation prior to an initial
§ 504 placement and any subsequent significant change in
placement. 34 CFR 104.34.
- Testing and other evaluation procedures must conform to the
requirements of 34 CFR 104.35 as to validation, administration,
areas of evaluation, etc. The district shall consider information
from a variety of sources, including aptitude and Achievement
tests, teacher recommendations, physical conditions, social and
cultural background, adaptive behavior, physical or medical reports,
student grades, progress reports, parent observations, anecdotal
reports and standardized test scores. 34 CFR 104.35.
- Placement decisions must be made by a group of persons (i.e.,
the § 504 Committee), including persons knowledgeable about
your child, the meaning of the evaluation data, the placement
options and the legal requirements for the least restrictive
environment and comparable facilities.
- If eligible under § 504, your child has a right to periodic
reevaluations, generally every three years. 34 CFR 104.35.
- You have the right to a notice prior to any action by the district
in regard to the identification, evaluation or placement of your
child. 34 CFR 104.36.
- You have the right to examine relevant records. 34 CFR 104.36.
- You have the right to an impartial hearing with respect to the
district's action regarding your child's identification, evaluation
or educational placement, with opportunity for parental participation
in the hearing and representation by an attorney. 34 CFR 104.36.
- If you wish to challenge the actions of the district's §
504 Committee in regard to your child's identification, evaluation
or educational placement, you should file a written Level I Notice
of Appeal with:
Dr. Milissa W. Sackos
Student Services Administrator
Mohave District Annex
8505 E. Valley View Road
Scottsdale, Arizona. 85250-6768
480-484-5032
480-484-6113
The appeal must be filed within 15 Calendar days of the determination
by the school § 504 Committee. The appeal will be reviewed
considering all evidence, documentation and reports submitted
by both the school and the parents. A decision will be rendered
within 15 calendar days.
- If you disagree with the decision of the Level I appeal, you
may file a written Level II Notice of Appeal /Request for Due
Process Hearing with:
Dr. Althe R. Allen
District § 504 Compliance Specialist
Scottsdale Unified School District
3811 North 44th Street
Phoenix, Arizona. 85018-5420
480-484-6113
The appeal must be submitted within 15 calendar days from the
time you received written notice of the Level I appeal decision.
A hearing will be scheduled before an impartial hearing officer
and you will be notified I writing of the date, time, and place
for the hearing.
- If you disagree with the decision of the impartial hearing officer,
you have a right to a review of that decision by a court of competent
jurisdiction. 34 CFR 104.36.
- On § 504 matters other than your child's identification,
evaluation and placement, you have a right to file a complaint
with the district's § 504 Coordinator (or designee), who
will investigate the allegations to the extent warranted by the
nature of the complaint in an effort to reach a prompt and equitable
resolution.
- You also have a right to file a complaint with the Office of
Civil Rights. The address of the Regional Office which covers
Arizona is:
Office of Civil Rights, Denver Office
U.S. Department of Education
Federal Building, Suite 310, 08-7010
1244 Speer Blvd.
Denver, Colorado 80204-3582
303-844-5695 Fax 303-844-4303 TDD 303-844-3417
E-mail: OCRDenver@ed.gov
§ 504 Parent/student Rights M.M. (9/01)
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