5145
Students
Civil and Legal Rights and Responsibilities
It is the policy of the CREC Council and LEA to provide a free and appropriate public education
to each disabled student within its schools, regardless of the nature or severity of the disability.
It is the intent of CREC to ensure that students who are disabled within the definition of Section
504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with appropriate
educational services. Students may be disabled under this policy even though they do not require
services pursuant to the Individuals with Disabilities Education Act (IDEA).
Moreover, CREC does not discriminate in the admission or access to, or treatment or
employment in, any of its programs and activities.
Due process rights of disabled students and their parents under Section 504 will be enforced.
The Director of Human Resources is the Coordinator of Section 504 activities.
Legal Reference:
Connecticut General Statutes
Goals 2000 - Educate America Act
10-15c Discrimination in public schools prohibited.
Policy adopted:
June 18, 2003
CAPITOL REGION EDUCATION COUNCIL
Hartford, Connecticut
1
5145 R
Students
Civil, Legal Rights and Responsibility
Statement of Non-Discrimination
The Executive Director designates an administrator to serve as 504 Coordinator. This individual
oversees the program and delegates responsibility, as necessary. Students who may require
Section 504 services are referred through the Planning and Placement Team (PPT) Process. If the
PPT determines that the student is eligible for 504 services, the decision is so noted on the PPT
summary and a group of people knowledgeable about the student is identified to comprise the
504 Team. The 504 Team may include all or some of the PPT members. With those decisions
made, the PPT meeting is discontinued and a 504 meeting convened.
The 504 Team determines whether any additional non-special education evaluations are
necessary, reviews the handicapping condition and its effect upon the student's education,
determines whether specialized services are needed, and if so, what those services are. Eligibility
and service determinations are documented on the appropriate forms and are kept in the student's
red 504 Folder. A copy of the Accommodation Plan is also maintained in the student's
cumulative record folder. The 504 Team meets annually to review progress and triennially to reevaluate student need, complying as student need indicates, with procedures used to re-evaluate
students receiving special education services.
The service needs and interventions encompassed by the 504 Plan address non-discrimination,
access to education, and meeting the needs of students with handicaps to the same extent as
students without handicaps in the Least Restrictive Environment (LRE) as specified in special
education regulations.
It should be noted that students who are engaged in illegal use of substances do not qualify
under Section 504 Regulations unless they are actively involved in treatment for such
substance abuse.
As stated in 504 Regulations, and in reference to students involved with drugs:
First, the definition of individuals with handicaps is narrowed to exclude persons
currently engaging in the illegal use of drugs.
Second, this exclusionary language is limited to allow former users or those participating
in drug rehabilitation programs to qualify as persons with handicaps.
2
5145 R
Students
Civil, Legal Rights and Responsibility
Statement of Non-Discrimination (continued)
Third, local educational agencies are explicitly authorized to take disciplinary action
against disabled students using drugs or alcohol to the same extent as they may take
action against non-disabled students. The Due Process safeguards required by 34 CFR
104.36 are specifically declared inapplicable to such proceedings for disabled students
using alcohol or drugs. (The Americans with Disabilities Act, PL 101-336, signed by
President Bush on July 26, 1990).
Disabled Employees
CREC will make reasonable accommodation for disabled employees, such as each of the
following, unless it demonstrably would impose an undue hardship on the operation of the
program:
1.
accommodations readily accessible to and usable by handicapped persons;
2.
job restructuring and part-time or modified work schedules;
3.
acquisition or modification of equipment or devices;
4.
provision of readers or interpreters and other similar actions [See 34 CFR Sec.
104.12].
CREC does not use employment tests or other selection criteria that would screen out disabled
persons unless these criteria are demonstrably job-related and unless effective alternatives are not
available [See 34 CFR 104.13(a)], nor does it make pre-employment inquiries as to whether the
applicant is disabled [34 CFR 104.13(a)]. Should an employee have a complaint against the
school system, the employee should follow the grievance procedure outlined in CREC’s Policy
Manual, Sec. ACA(2).
Disabled Parents
CREC will provide meaningful access for disabled parents to school-initiated activities in
addition to the academic and/or disciplinary aspects of their child's education.
3
5145 R
Students
Civil, Legal Rights and Responsibility
Due Process
Due process procedures described in P.L.101-476 (IDEA) and in the Connecticut General
Statutes (CGS) are used to ensure compliance with grievance procedures as defined in 504
Regulations for disparities concerning the identification, evaluation, or educational placement of
students with disabilities.
Non-academic Services
In addition to providing a free and appropriate public education (FAPE), CREC will provide
non-academic and extracurricular activities and services so as to afford handicapped students an
equal opportunity for participation in such activities and services.
Facilities
CREC will ensure that its programs and activities, when viewed in their entirety, are readily
accessible to persons with disabilities. CREC will ensure such compliance through redesign,
assignment of appropriate personnel, alteration of existing facilities, or construction of new
facilities in conformance with the American National Standards Institute accessibility standards.
CREC district contracts contain the statement that CREC does not discriminate on the basis of
race, color, religion, national origin, ancestry, gender, age, marital or veteran status, disability or
sexual orientation.
Rehabilitation Act of 1973, Section 504
“No otherwise qualified individual with handicaps in the United States shall, solely by reason of
her or his handicap, as defined in Section 706(8) of this Title, be excluded from the participation
in, be denied the benefits of, or be subjected to discrimination under any program or activity
conducted by the Executive agency or by the United States Postal Service.” (29 USC Sec.794)
4
5145 R
Students
Civil, Legal Rights and Responsibility
Rehabilitation Act of 1973, Section 504 (continued)
Definitions
Individual with disabilities - any individual who (i) has a physical or mental impairment which
substantially limits one or more of such person's major life activities, (ii) has a record of such
impairment, or (iii) is regarded as having such an impairment (29 U.S.C.Sec706(8)).
Physical/mental impairment - .. “(A) any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the following body systems:
neurological; musculo-skeletal; special sense organs; respiratory; including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hermic and lymphatic; skin; and
endocrine; or any mental or psychological disorder, such as mental retardation, organic brain
syndrome, emotional or mental illness and specific learning disabilities. (34 Code of Federal
Regulations Part 104.3)
Major life activities - functions such as caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning, and working. (34 Code of Federal Regulations
Part 104.3)
Has a record of such an impairment - has a history of, or has been classified as having a
mental or physical impairment that substantially limits one or more major life activities. (34
Code of Federal Regulations Part 104.3).
Is regarded as having an impairment - (A) has a physical or mental impairment that does not
substantially limit major life activities but is treated by a recipient as constituting such a
limitation; (B) has a physical or mental impairment that substantially limits major life activities
only as a result of the attitudes of others toward such impairment; or (C) has none of the
impairments defined but is treated by a recipient as having such impairment. (34 Code of Fed.
Regulations Part 104.3)
5
5145 R
Students
Civil, Legal Rights and Responsibility
Rehabilitation Act of 1973, Section 504 (continued)
Section 504 is an Act which prohibits discrimination against persons with a disability in any
program receiving Federal financial assistance. The Act defines a person with a disability as
anyone who:
1.
Has a mental or physical impairment which substantially limits one or more major
life activities (such as caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning, and working);
2.
Has a record of such an impairment; or
3.
Is regarded as having such an impairment.
In order to fulfill its obligation under Section 504, CREC recognize a responsibility to avoid
discrimination in policies and practices regarding its personnel and students. No discrimination
against any person with a handicap will knowingly be permitted in any of the programs and
practices in CREC.
CREC has specific responsibilities under the Act, which include the responsibility to identify,
evaluate, and if the child is determined to be eligible under Section 504, to afford access to
appropriate educational services.
If the parent or guardian disagrees with the determination made by the professional staff of the
school district, she/he has a right to a hearing with an impartial hearing officer.
The Family Educational Rights and Privacy Act (FERPA) also specifies rights related to
educational records. This act gives the parent or guardian the right to: 1) inspect and review
his/her child's educational records; 2) have copies of those records; 3) receive a list of all
individuals having access to those records; 4) ask for an explanation of any item in the records;
5) ask for an amendment to any report on the grounds that it is inaccurate, misleading, or violates
the child's rights; and 6) a hearing on the issue if CREC refuses to make the amendment.
If there are questions, please feel free to contact the Director of Human Resources, 504
Coordinator for the district, at 509-3606.
6
5145 R
Students
Civil, Legal Rights and Responsibility (continued)
Rehabilitation Act of 1973, Section 504 (continued)
There are several times during the planning process when parents/guardians should be provided
their rights under Section 504:
1.
When eligibility is determined.
2.
When a plan is developed.
3.
Before there is a significant change in the plan for services.
Notification should include the following rights under Section 504:
1.
Right to file a grievance with the school district over an alleged violation of Section 504
regulations.
2.
Right to have an evaluation that draws on information from a variety of sources.
3.
Right to be informed of any proposed actions related to eligibility and plan for services.
4.
Right to examine all relevant records.
5.
Right to receive all information in the parent's/guardian's native language and primary
mode of communication.
6.
Right to periodic re-evaluations and an evaluation before any significant change in
program/service modifications.
7.
Right to an impartial hearing if there is disagreement with the school districts proposed
actions.
8.
Right to be represented by counsel in the impartial hearing process.
9.
Right to appeal the impartial hearing officer's decision.
7
5145 R
Students
Civil, Legal Rights and Responsibility
Rehabilitation Act of 1973, Section 504 (continued)
Section 504 regulations do not establish time lines for submission of a hearing request.
Section 504 regulations do not define “impartial.” However, in similar processes, impartial has
been defined as a person not employed by or under contract with the district in any capacity.
Section 504 regulations do not require that the selection of the hearing officer be a mutually
agreed upon decision between CREC and the parents/guardians.
Parent/Student Rights in Identification, Evaluation and Placement
Rehabilitation Act of 1973, Section 504
The following is a description of the rights granted by federal law to students with disabilities.
The intent of the law is to keep you fully informed concerning decisions about your child and to
inform you of your rights if you disagree with any of these decisions.
You have a right to:
1.
Have your child take part in and receive benefits from public education programs without
discrimination because of his/her disability;
2.
Have CREC advise you of your rights under federal law;
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. It also includes
the right to have 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
non-disabled students;
6.
Have your child receive special education and related services if he/she is found to be
eligible under the Individuals with Disabilities Education Act (P.L.101-476) or Section
504 of the Rehabilitation Act;
8
5145 R
Students
Civil, Legal Rights and Responsibility
Parent/Student Rights in Identification, Evaluation and Placement (continued)
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 transportation provided to and from an alternative placement setting at no greater cost
to you than would be incurred if the student were placed in a program operated by the
district.
9.
Have your child be given an equal opportunity to participate in non-academic and
extracurricular activities offered by the district.
10.
Examine all relevant records relating to decisions regarding your child's identification,
evaluation, education program, and placement;
11.
Obtain copies of educational records at a reasonable cost unless the fee would effectively
deny you access to the records;
12.
A response from the school district to reasonable requests for explanations and
interpretations of your child's records;
13.
Request amendment of your child's educational records if there is reasonable cause to
believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of
your child. If the school district refuses this request for amendment, it shall notify you
within a reasonable time, and advise you of the right to a hearing;
14.
Request mediation or 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. Hearing
requests must be made to the Connecticut State Department of Education. Request forms are
available through the Department of Pupil Services, Suffield Public Schools.
15.
Ask for payment of reasonable attorney fees if you are successful on your claim;
16.
File a local grievance.
The person in this district who is responsible for assuring that the district complies with Section 504
is the Director of Human Resources. The telephone number is 509-3606.
Regulation approved:
June 18, 2003
CAPITOL REGION EDUCATION COUNCIL
Hartford, Connecticut
9
5145 R
Form 1
Department of Pupil Services
Capitol Region Education Council
Hartford, Connecticut
504 Meeting
Student Name: ________________________ DOB: ________________ Grade: _______________
School: _____________________________________ Teacher/Counselor: ___________________
The Planning and Placement Team held on __________________________ determined that this
student does not meet the criteria for special education services under the Individuals with Disabilities
Education Act (IDEA, P.L. 101-476).
However, ___________________________ is a qualified handicapped student under Section 504 of
the Rehabilitation Act of 1973, therefore, this meeting is held to discuss/review the student’s needs and
to develop the Student Accommodation Plan.
Meeting Summary:
Signature of Chairperson ___________________________________ Date ___________________
cc:
All Attendees
Student Cumulative File
Student 504 Folder
Attachment: Student Accommodation Plan
10
5145 R
Form 2
Student Accommodation Plan
Section 504
Name: _________________________________ DOB: _______________ Grade: _____________
School: ____________________________________ Date of Meeting: ______________________
Describe the nature of the concern:
__________________________________________________________________________________
__________________________________________________________________________________
______________________________________________________________________
Describe the basis for the determination of handicap (if any):
__________________________________________________________________________________
__________________________________________________________________________________
______________________________________________________________________
Describe how the handicap significantly affects a major life activity:
__________________________________________________________________________________
__________________________________________________________________________________
______________________________________________________________________
Necessary Accommodations
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
Person/s Responsible
______________________________
______________________________
______________________________
______________________________
______________________________
______________________________
______________________________
______________________________
______________________________
Review/Reassessment Date: ______________________________ (Must be completed)
Case Coordinator: ______________________________________
Meeting Participants (Name and Title)
________________________________
________________________________
________________________________
________________________________
________________________________
cc:
______________________________
______________________________
______________________________
______________________________
______________________________
All Participants
Student Cumulative File
Student 504 Folder
Attachment: General Information, Rehabilitation Act of 1973, Section 504
11
5145 R
Form 3
Directions For Completing The
Student Accommodation Plan
Section 504
Essentially this form is self-explanatory, though these directions should provide general guidance
where there may be questions.
Describe the nature of the concern:
What is the general area of concern? Why did you feel the team should convene?
e.g., Jake was referred to the PPT because of concerns about his writing. He has difficulty
putting his thoughts on paper. Upon assessment, he was not found to be eligible to receive
special education services; however, he still requires intervention to help him succeed.
Describe the basis for the determination of handicap (if any):
e.g., Portfolio assessment; Test of Written Language-2; VMI; OT observation; resource teacher
observation; student response to classroom modifications.
Describe how the handicap significantly affects a major life activity:
Specifically, the handicap must significantly affect one of the major life activities as specified in
the definition.
e.g., Jake has motor deficits that impede his ability to put his thoughts on paper. He has many
ideas and is able to organize them, but becomes frustrated by the motor demands and writes only
a fraction of what he actually intends. Spelling is weak despite effort.
Necessary Accommodations:
e.g., tape recorder, extended time for writing, buddy to assist with writing, use of a computer,
reduction in written work, not counting spelling errors against grade unless spelling is the focus,
use of spell check or hand-held spelling aide, untimed CMT, etc.
Person/s Responsible:
The persons responsible should be stated in terms of position, not name.
e.g., classroom teacher, resource teacher, educational assistant, parent, etc.
Case Coordinator:
The person assigned to be Case Coordinator should be a general education teacher or counselor,
not a special education teacher.
12
5145 R
Form 4
CAPITOL REGION EDUCATION COUNCIL
Hartford, Connecticut
Civil Rights Grievance Form
Complete this questionnaire and forward it to the attention of the Director of Human Resources.
Attach additional pages as necessary.
1.
Describe the actions/statements/behaviors to which you object. Give specifics. _________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2.
Have you alerted your supervisor, or the person(s) with responsibility in the problem area, of
your dissatisfaction, as described in number one? If no, state reason why.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
3.
In reference to you particular problem, what specific changes do you feel are necessary to
create a satisfactory situation? Be specific.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
4.
After you have completed the above three sections, sign below and send the completed
questionnaire to the Director of Human Resources.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________
Grievant Name
___________________________
Grievance Reviewed by
_________________________
Signature
_________________________
Signature
13
_____________
Date
_____________
Date