Hopkins School District 270
SECTION 504
PROGRAM HANDBOOK
June 1996
Revised August 2012
ACKNOWLEDGEMENTS
The Hopkins School District 504 Program Handbook has been developed to ensure equal access to
educational opportunities for learners with disabilities in the Hopkins School District. The following
resources were utilized in the development of this handbook.
— Section 504 Educational Modifications and Accommodations:
Minnesota Department of Education, 1994.
Meeting the Needs of Learners;
— Section 504 Compliance Handbook, Thompson Publishing Group, 1993
— Rochester Public Schools Section 504 Handbook, 1994
— Legal Issues of Educating Individuals with Disabilities, LRP Publications, 1994 - 1996
This handbook is distributed for information and resource purposes and does not represent legal advice.
It may be advisable to consult with the District 504/ADA Coordinator, who may seek legal counsel,
before taking final action in an individual situation.
This handbook is available in large print, Braille or on audiotape upon a 72-hour request. Please contact the
504/ADA Coordinator at 988-4040.
TABLE OF CONTENTS
Section I:
Introduction and Overview
page 2
Section II:
Who Is Eligible for 504 Accommodations?
page 3
Section III:
Procedural Requirements Under Section 504
page 4
Section IV:
Section 504 Guidelines for Educators
page 5
Section V:
Accommodation Guidelines
page 7
Section VI:
Non-Discrimination Policy for Persons with Disabilities
page 8
Section VII:
Non-Discrimination Policy Grievance Procedure
page 8
Section VIII:
Section 504 Procedures
page 9
Section IX:
Notice of Parent and Student Rights Under Section 504
page 11
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SECTION I: INTRODUCTION AND OVERVIEW
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against individuals with disabilities
by school districts receiving federal financial assistance. The focus of this handbook is on learners with
disabilities within the educational setting. It does not address in any depth other aspects of Section 504 or
the Americans with Disabilities Act of 1990 (ADA).
For many years, enforcement of Section 504 focused on access to facilities and employment issues;
however, in recent years the U. S. Office for Civil Rights (OCR) has become more active in enforcing the
provisions of Section 504 and ADA regarding the accommodations needed for the education of
individuals with disabilities. Advocacy organizations and the legal system have increasingly focused on
Section 504 requirements to ensure that all educational systems provide a full range of accommodations
necessary for students with special needs to participate in, and benefit from, public education programs
and activities.
U. S. Department of Education regulations for Section 504 require that learners with disabilities be
provided with a free appropriate public education (FAPE). These regulations require identification,
evaluation, provision of appropriate accommodations, and procedural safeguards in every public school
in the United States.
All learners whose disabilities qualify them for regular and special education services under the
Individuals with Disabilities Education Act (IDEA) are also considered to be disabled, and therefore
protected, under Section 504. However, all learners who have been determined to be disabled under
Section 504 are not necessarily disabled under the IDEA. The population of learners with disabilities who
do not meet criteria to be served under IDEA must be served by the regular education staff through a
curriculum and/or modifications that meet their needs.
The diagram below illustrates the distribution of learners in a school covered by 504 regulations. The
larger circle depicts the entire school population of learners. The next circle represents the learners who
have disabilities covered only by Section 504 (estimated to be about 10-12% of the total learner
population). The center-most circle represents the learners with disabilities who are covered by IDEA
(special education) and 504 (estimated to be an additional 10-12% of learners).
IDEA
& 504
504 Only
All Learners
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SECTION II: WHO IS ELIGIBLE FOR 504 ACCOMMODATIONS?
A learner is disabled under the definition of Section 504 if she or he:
(1)
(2)
(3)
has a physical or mental impairment which substantially limits one or more of such person’s
major life activities;
has a record of such an impairment; or
is regarded as having such an impairment. [34 CFR §104.3(j)]
“Physical or mental impairment” means:
(1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or
more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic;
skin; and endocrine; or
(2) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or
mental illness, or specific learning disabilities. [34 CFR §104.3(j)(2)(i)].
“Major life activities” means functions such as caring for one’s self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning and working, eating, sleeping, standing, lifting, bending, reading,
concentrating, and thinking. [34 CFR §104.3(j)(2)(ii)] [42 USCA §12102 ].
“Major life activities also includes the operation of major bodily functions, including but not limited to, functions of
the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory,
endocrine, or reproductive functions. [42 USCA §12102 sec. 3].
When a condition significantly limits a major life activity, an accommodation plan must be developed for
that learner. Accommodations under Section 504 must be determined by a team of individuals who are
knowledgeable about the learner’s needs.
Whether an impairment “substantially limits” a major life activity is a common sense assessment based
on a comparison of the learner’s ability to perform a major life activity with the ability of learners in the
general population. An impairment that is episodic or in remission is a disability if it would substantially
limit a major life activity when active.
When deciding whether an impairment is a disability under Section 504, the team should ignore the
positive effects of mitigating measures such as medicine, medical devices, assistive technology,
accommodations, or learned behavioral or adaptive neurological modifications. (However, the team
should take into account the positive effects of these mitigating measures when determining whether a
learner with a disability actually requires a reasonable accommodation.)
Examples of Impairments that Will Consistently Meet the Meet the Definition of Disability:
 deafness
 blindness
 intellectual disability (formerly termed mental retardation)
 partially or completely missing limbs
 mobility impairments requiring the use of a wheelchair
 autism
 cancer
 cerebral palsy
 diabetes
 epilepsy
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





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


HIV or AIDS
multiple sclerosis
muscular dystrophy
major depression
bipolar disorder
post-traumatic stress disorder
obsessive compulsive disorder
schizophrenia
spina bifida
tuberculosis
kidney or liver disease
This list is not exhaustive. Other types of impairments not specifically identified above may also
consistently be substantially limiting (and therefore a “disability”), such as some forms of depression
other than major depression and seizure disorders other than epilepsy.
Examples of Impairments that May Be Disabling for Some Individuals But Not For Others:
 asthma (for example, a learner who is substantially limited in respiratory functions and breathing
compared to most learners, as indicated by the effects of exercise, exposure to substances such as
cleaning products or perfumes, is an individual with a disability)
 high blood pressure
 learning disability (for example, a learner who is substantially limited in reading, learning,
thinking, or concentrating compared to most learners, as indicated by the speed or ease with
which he can read, the time and effort required for him to learn, or the difficulty he experiences
in concentrating or thinking, is an individual with a disability, even if he has achieved a high
level of academic success. The determination of whether an individual has a disability does not
depend on what an individual is able to do in spite of an impairment.)
 a back or leg impairment (for example, a learner who is substantially limited compared to most
people in the length of time she can stand, the distance she can walk, or the weight she can lift, is
an individual with a disability
 a psychiatric impairment such as panic disorder, anxiety disorder, or some forms of depression
other than major depression (for example, a learner who is substantially limited compared to
most learners, as indicated by the time and effort required to think or concentrate, the diminished
capacity to effectively interact with others, the length or quality of sleep the learner gets, the
individual's eating patterns or appetite, or the effect on other major life activities, is an individual
with a disability).
 arthritis or carpel tunnel syndrome (for example, a learner who is substantially limited in
performing manual tasks compared to most learners, as indicated by the amount of pain
experienced when writing or using a computer keyboard or the length of time for which such
manual tasks can be performed, is an individual with a disability).
 hyperthyroidism
 allergy/asthma
 Attention Deficit Disorder (ADD)
 Attention Deficit Hyperactivity Disorder (ADHD)
 Broken limbs or bones, depending on the nature and severity
 Alcohol addition
 Drug addition (qualifies only if not currently using drugs)
The list of examples above is merely illustrative, not exhaustive.
Impairments that are Usually Not Disabilities:
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Temporary, non-chronic impairments of short duration with little or no residual effects (such as the
common cold, seasonal or common influenza, a sprained joint, minor and non-chronic gastrointestinal
disorders) usually will not be a “disability” under Section 504.
If the team determines that a learner has a disability, the team should determine what accommodations or
modifications the learner needs and prepare a 504 plan. (See below).
SECTION III: PROCEDURAL REQUIREMENTS UNDER SECTION 504
In order to be in compliance with Section 504, a school district must implement the procedures described
below:
A. Written Assurance of Nondiscrimination
Written assurance of nondiscrimination must be included in each district’s school board policy.
Hopkins School District Policy ACE, Nondiscrimination Policy for Persons with Disabilities provides such
assurance.
B. Section 504 Administrator
Section 504 requires school districts to name a 504 Coordinator who is responsible for ensuring that
the provisions are implemented.
Linda Gardner is the Hopkins School District 504/ADA Administrator. As well, each school/program has
identified a 504 Facilitator with responsibility to facilitate and monitor the identification, evaluation and
provision of 504 accommodations to eligible learners at each site.
C. Notice of Nondiscrimination
Notice that the district does not discriminate on the basis of disability must be provided to learners,
parents, employees, unions, and professional organizations. [34 CFR §104.8]
The Hopkins School District annually publishes a notice of nondiscrimination in the District Activity Calendar
and Parent Information Guide, and in the local suburban newspaper.
D. Grievance Procedures
The school district must adopt grievance procedures to resolve complaints of discrimination. [34 CFR
§104.7(b)] ADA requires school districts to adopt and publish grievance procedures. Learners,
parents, or employees may file grievances. Grievances may be filed with the school district or
directly with the U.S. Department of Education Office for Civil Rights.
A grievance procedure is attendant to the Hopkins School District Nondiscrimination Policy for Persons with
Disabilities and satisfies the requirements of Section 504 and the Americans with Disabilities Act. As such, it
may be used by learners, parents, employees, community members, and other individuals with disabilities who
feel their rights may have been violated.
E. Identification of Learners with Disabilities
The school district must annually actively seek out and identify those learners who are possibly
eligible for accommodations under Section 504.
The Hopkins School District conducts child find procedures (pre-school screening and other outreach
procedures) to locate children with disabilities who qualify under IDEA. These procedures have been expanded
to include all children with disabilities even if they do not qualify for special education services.
F.
Annual Notice to Learners with Disabilities
The school district must annually notify all learners with disabilities and their parents or guardians of
the school district’s duty under Section 504.
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The Hopkins School District annually publishes information regarding Section 504 of the Rehabilitation Act of
1973 in school newsletters to parents.
G. Evaluation and Accommodation
The school is required to provide parental notice and to conduct an individual evaluation for any
learner who, because of a suspected disability, might need specialized instruction and/or related
accommodations. Evaluation may consist of a review of school and medical records; contacts with
school staff, parents, and medical personnel; one-to-one contacts with the learner; observations; and
specific assessment procedures.
The Hopkins School District’s Section 504 Procedures outline the steps for identification, evaluation, and
provision of accommodations for eligible learners.
H. Procedural Safeguards
Whenever a school district proposes to change the identification, evaluation, or educational
placement of a qualified learner, the parents or guardians must be provided with notice which
includes the following procedural safeguards: (1) notice of their rights; (2) the opportunity to
examine relevant records; (3) an impartial hearing with opportunity for participation by the parents
or guardians of the qualified learner and representation by counsel; (4) a review procedure. [34 CFR
§104.36]
Compliance with the procedural safeguards of IDEA will satisfy this requirement for learners who are covered
under both 504 and IDEA. For learners who are covered under 504 but not IDEA, the procedural safeguards
are outlined in the Hopkins School District Notice of Parent and Student Rights Under Section 504.
SECTION IV: SECTION 504 GUIDELINES FOR EDUCATORS
(excerpted from the Minnesota Department of Education Section 504 manual)
A. Examples of Discrimination Under Section 504
A school district discriminates when it:
• denies a learner with a disability the opportunity to participate in or benefit from an aid or service
that is afforded learners without a disability;
• fails to afford a learner with a disability an opportunity to participate in, or benefit from, the aid or
service that is equal to that afforded others;
• fails to provide aids or services to a learner with a disability that are as effective as those provided
to non-disabled learners; (Note: equally effective means equivalent as opposed to identical.
Moreover, to be equally effective, an aid or service need not produce equal results; however, it
must afford an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same
level of achievement, in the most integrated setting appropriate to the person’s needs. [Comment to 34
CFR §104.4(b)(2)])
• provides different or separate aids or services unless such action is necessary to be as effective as
the aids, benefits, or services provided to other learners (e.g. segregating learners in separate
classes, schools, or facilities, unless necessary);
• perpetuates discrimination by providing significant assistance to an agency, organization, or
person that discriminates on the basis of a disability;
• denies a learner with a disability the opportunity to participate as a member of a planning or
advisory board strictly because of her/his disability;
• otherwise limits the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others
(e.g. prohibiting a person with a physical disability from using a service dog at school);
• makes site or facility selections which effectively exclude persons with disabilities, denies them the
benefits of an education, or otherwise subjects them to discrimination.
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B. Discipline of Learners with Disabilities
Section 504 requires that a school district evaluate each eligible learner with a disability before making
an initial placement or any subsequent significant change in placement. The proposed exclusion of a
learner with disabilities that is permanent (expulsion), for an indefinite period, or for more than 10
consecutive school days, constitutes a “significant change in placement” under Section 504.
A series of suspensions that aggregate to more than 10 days that creates a pattern of exclusions
constitutes a “significant change in placement” and requires that the 504 Team be convened to
determine if the behavior was caused by the disability and to reevaluate the learner’s needs. The
determination of whether a series of suspensions creates a pattern is made on a case-by-case basis. In
no case, however, may serial, short exclusions be used to avoid the requirements of reevaluation
before suspensions of more than 10 days. A series of suspensions that, in the aggregate, are for ten
days or fewer are not considered to be a significant change in placement.
C. Red Flags for Possible Accommodations Under Section 504
√
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√
√
√
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When a parent frequently expresses a concern about their child’s performance.
When suspension or expulsion is being considered for any learner.
When retention is being considered.
When a learner shows a pattern of not benefiting from teacher instruction.
When a learner returns to school after a serious illness or injury.
When a learner is referred for evaluation, but it is determined not to do an evaluation under IDEA.
When a learner is evaluated and is found not to qualify for special education services under IDEA.
When a learner exhibits a chronic health condition.
When a learner has been identified as having an attention deficit disorder (ADD) or attention
deficit hyperactive disorder (ADHD)
When a learner is identified as “at risk” or exhibits the potential for dropping out of school.
When substance abuse is an issue.
When a disability of any kind is known or suspected.
When a new building or remodeling is being considered (accessibility).
D. Nonacademic and Extracurricular Accommodations
The school district must ensure that learners with disabilities protected by Section 504 can participate
with non-disabled persons in all district-sponsored nonacademic and extracurricular programs (such
as counseling services, recreational athletics, transportation, groups or clubs, meals, and recess
periods) to the maximum extent appropriate to meet the needs of the learner with a disability. [34
CFR §104.34(b); 34 CFR §104.37]
With regard to participation in competitive athletics, separate activities may be offered only if
determined to be necessary for a learner with a disability and if no qualified learner with a disability
is denied the opportunity to compete for teams or to participate in courses or activities that are not
separate or different. [34 CFR §104.34(b); 34 CFR §104.37(b)(c)]
When a Hopkins School District learner with a disability protected by Section 504 wishes to participate in an
athletic or extracurricular activity for which s/he is otherwise qualified, the learner’s 504 Team (including the
athletic coach or activity advisor) will meet to determine if and what reasonable accommodations may be needed
to enable the learner’s participation.
E. Transportation
The school district must provide transportation to a learner with disabilities if it is necessary to ensure
the learner has an opportunity to participate in the educational program.
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If the district proposes to change or terminate a protected learner’s transportation for inappropriate
behavior, the district must first determine the relationship between the learner’s behavior and the
disability. If there is no direct relationship, the district may implement its normal school discipline
policy.
However, if there is a relationship between the disability and the inappropriate behavior, the district
must make appropriate modifications in attempting to address the learner’s inappropriate behavior.
Whether or not the modifications result in appropriate behavior, the district must continue to provide
transportation to all programs affiliated with the district.
If a learner is placed by the school district in an out-of-district program, the learner must receive
transportation to and from the program at no additional cost to the parent or guardian.
SECTION V: ACCOMMODATION GUIDELINES
The following are examples of tested strategies and accommodations. Not all strategies are needed or
effective for all learners; nor is this an exhaustive listing. Strategies and accommodations must be
determined based on the individual needs of each learner with a disability. For a more extensive listing
of sample strategies, please refer to Appendix B-8, Section 504 Student Accommodation Checklist.
Physical Arrangement of Room
√ seating student near teacher
√ increasing the distance between desks
√ avoiding distracting stimuli (air conditioner, traffic, etc.)
Lesson Presentation
√ taping lessons so the learner can listen to them again
√ breaking longer presentations into shorter segments
√ allowing student to tape record lessons
Assignments/Worksheets
√ giving extra time to complete tasks
√ reducing homework assignments (e.g. instead of completing 30 math problems, complete only 15)
√ giving frequent short quizzes, avoiding long tests
Test Taking
√ allowing open book exams
√ allowing extra time for exams
√ allowing student to give answers on tape recorder
Organization
√ providing peer assistance with organizational skills
√ allowing an extra set of books for home
√ developing a reward system for work completion
Behaviors
√ allowing legitimate movement in the classroom
√ increasing the immediacy of rewards
√ allowing for short breaks between assignments
Special Considerations
√ suggesting parenting programs
√ providing social skills group experience
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√ developing intervention strategies for cafeteria, PE, etc.
Other
√ providing paraprofessional supervision to enable participation in athletic activity
√ providing transportation to enable participation in summer school programs
√ providing special meals to accommodate dietary restrictions related to a disability
SECTION VI: NON-DISCRIMINATION POLICY FOR PERSONS WITH
DISABILITIES
The Hopkins School District will not discriminate on the basis of disability in admission to, access to, or
operations of its programs, services, or activities, nor in its hiring or employment practices. The District
intends to comply with the provisions of Section 504 of the Rehabilitation Act of 1973 and the Americans
with Disabilities Act of 1990.
The District recognizes its responsibility to identify and evaluate learners who, within the intent of
Section 504 of the Rehabilitation Act of 1973, need special accommodations or programs in order that such
learners may receive the free appropriate public education to which they are entitled.
The District will provide notice to learners’ parents, employees, bargaining organizations, and
community members that it does not discriminate on the basis of disability.
The District will make facilities, programs, and activities accessible, usable, and open to persons with
disabilities.
The District will develop and publish grievance procedures that provide prompt and equitable resolution
of complaints of discrimination based on disability.
The District will designate an employee who will have the responsibility to administer the District’s
efforts under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act and to
give overall direction in adhering to this policy.
Every employee of the School District will be expected to support the implementation of this policy.
This policy is available in large print, Braille, or on audiotape upon a 72-hour request. Please contact the 504/ADA
Administrator at 952-988-4040.
SECTION VII: GRIEVANCE PROCEDURE
(NON-DISCRIMINATION POLICY FOR PERSONS WITH DISABILITIES)
This grievance procedure is established to meet the requirements of Section 504 of the Rehabilitation Act
of 1973 and the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a
complaint alleging discrimination on the basis of disability in the provision of services, activities,
programs, or benefits, or in employment practices and policies, by the Hopkins School District.
The School District encourages all grievances to be resolved with the individual closest to the issue, in
most cases the school principal or designated 504/ADA Facilitator. The grievance should contain
information about the alleged discrimination such as name and phone number of the complainant and
location, date, and description of the problem. Alternate means of filing complaints, such as personal
interviews or a tape recording of the complaint will be made available for persons with disabilities upon
request.
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When it is not possible to file the complaint with the individual closest to the issue, or when such attempts
have not been successful, the grievance may be filed in writing with the District 504/ADA Administrator.
The Hopkins School District 504/ADA Administrator is:
Linda Gardner
Director of Special Services
1001 Highway 7
Hopkins, MN 55305-4723
952-988-4040 (phone)
953-988-4358 (fax)
TDD Number: Utilize the MN Relay Service
Linda.Gardner@hopkinsschools.org
Step One
The grievance should be submitted to the school principal or designated 504/ADA Facilitator who will
investigate the circumstances of the alleged violation. The principal or 504/ADA Facilitator will provide
a written report of her/his findings of fact and conclusions to the grievant and District 504/ADA
Administrator.
Step Two
If the grievance has not been resolved to the satisfaction of the grievant, s/he may appeal to the District
504/ADA Administrator. The District 504/ADA Administrator will conduct an investigation and will
affirm, reverse, or modify the report of the principal or school 504/ADA Facilitator.
Step Three
If the grievance has not been resolved in Step Two to the satisfaction of the grievant, s/he may request an
impartial due process hearing. The Hopkins School District will appoint an impartial hearing officer and
follow state and federal rules for due process hearings.
Step Four
The grievant may file a complaint with community, State or Federal agencies.
SECTION VIII: SECTION 504 PROCEDURES
A. Standard Procedures
1.
Identification and Referral
a) Any student who needs or is believed to need special accommodations in order to receive a
free appropriate public education will be referred to the appropriate school committee
(Student Assistance Team; academic and mainstream teams; ASSIST Team; Child Study
Team) for identification and evaluation of the student’s individual education needs.
b) The referral may be initiated by a parent, teacher, counselor, social worker, nurse, principal,
or other person concerned about the student’s educational progress/needs.
c)
The school committee will be composed of persons knowledgeable about the student, the
student’s school history, the student’s individual needs, the meaning of evaluation data, and
the placement options.
d) The school committee will consider the referral, including a review of the student’s existing
records (academic, social and behavioral), and will consider evidence or documentation that
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the student may have a disability that warrants further evaluation under the 504 procedure.
If such evaluation is deemed appropriate, the school’s 504 Facilitator will be notified, and
notice of procedural rights, consent for evaluation, and necessary release of information
forms will be sent to the student’s parent or guardian.
2.
Assessment/Evaluation. Evaluation of the student and formulation of an accommodation plan
will be carried out by a 504 Team composed of the student’s teachers, and other persons
knowledgeable of the student’s needs, according to the following procedures:
a) The 504 Team will evaluate the nature of the student’s suspected disability and the impact of
the disability upon the student’s education. The evaluation will include consideration of any
behaviors that interfere with regular participation of the student in the educational program
and/or activities. The evaluation may include consideration of family history, medical,
psychological, social/emotional, and other relevant data concerning the student.
b) The 504 Team will invite the parent or guardian of the student to participate in a meeting
concerning eligibility under Section 504 prior to making a final decision of eligibility.
c)
3.
A final decision of eligibility will be made by the 504 Team and communicated in writing to
the parents or guardian of the student, along with notification of the Section 504 procedural
safeguards available to them, including the right to an impartial hearing and review.
Plan for 504 Accommodations
a) When it has been determined that the student is eligible for and in need of educational
accommodations, the 504 Team will be responsible for determining what special
accommodations are needed.
b) In making such determination, the 504 Team will consider all available relevant information,
drawing upon a variety of sources.
c)
The parents or guardian will be invited to participate in the 504 Team meetings where
accommodations for the student will be determined, and will be given an opportunity to
examine all relevant records.
d) The 504 Team will develop a written plan describing the disability and the special
accommodations needed. The plan will specify how the special accommodations will be
provided, and by whom.
e) The 504 Team may determine that no special accommodations are appropriate for the
student. If so, the record of the 504 Team’s proceedings will reflect the identification of the
student as having a disability and will state the basis for the decision that no special
accommodations are presently needed.
f)
The student will be served in the regular educational environment of the school, with the
provision of the accommodations identified, unless the school demonstrates that such
placement cannot be achieved satisfactorily.
g) The 504 Team will notify the parent or guardian in writing of its final plan for 504
accommodations to be provided, and all school personnel who work with the student will be
informed of the plan.
4.
Review of Student Progress
a) The 504 Team will monitor the progress of the student and the effectiveness of the student’s
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education plan, and that the student’s needs are being met as adequately as the needs of nondisabled students.
b) Prior to any subsequent significant change in placement, a comprehensive reevaluation of the
student’s needs will be conducted.
5.
Procedural Safeguards
a) The parents or guardian will be notified in writing of all decisions concerning the
identification, evaluation, or educational placement of students made under these
procedures.
b) The parents or guardian will be notified that they may examine relevant records.
c)
6.
The parents or guardian will have the right to an impartial hearing when they disagree with
decisions of the 504 Team, with opportunity for participation by the parents or guardian and
their counsel.
Documentation
a) Copies of all documents related to the identification, evaluation or educational placement of
the student will be maintained in the student’s 504 Student Accommodation Plan folder at the
school, and by the school’s 504 Facilitator.
b) Copies of all documents will be given to the parents.
c) Copies of all documents will be sent to the District 504 Coordinator for retention in the
student’s central Section 504 file.
SECTION IX: NOTICE OF PARENT AND STUDENT RIGHTS UNDER SECTION
504
The Rehabilitation Act of 1973, commonly referred to as “Section 504,” is a nondiscrimination statute
enacted by the United States Congress. The purpose of the Act is to prohibit discrimination and to assure
that students with disabilities have educational opportunities and benefits equal to those provided to nondisabled students.
An eligible student under Section 504 is a student who:
• Has a mental or physical impairment which substantially limits one or more major life activity (major life
activities include activities such as caring for one’s self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working);
• Has a record of such impairment;
• Is regarded as having such an impairment.
Below is a description of the rights granted by Section 504 to eligible students with disabilities.
1.
You have a right to be informed by the school district of your rights under Section 504. (The
purpose of this Notice is to advise you of those rights). 34 CFR §104.32.
2.
Your child has the right to an appropriate education designed to meet her/his individual
educational needs as adequately as the needs of non-disabled students are met. 34 CFR §104.33.
3.
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
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otherwise valid obligation to provide or pay for services provided to a student with a disability. 34
CFR §104.33.
4.
Your child has a right to placement in the least restrictive environment. 34 CFR §104.34.
5.
Your child has a right to facilities, services, and activities that are comparable to those provided for
non-disabled students. 34 CFR §104.34.
6.
Your child has a right to an evaluation prior to an initial Section 504 placement and any subsequent
significant change in placement. 34 CFR §104.35.
7.
Testing and other evaluation procedures must conform with the requirements of 34 CFR §104.35 as
to validation, administration, areas of evaluation, etc. The school district shall consider information
from a variety of sources, including aptitude and achievement tests, teacher recommendations,
physical condition, social and cultural background, adaptive behavior, physical or medical reports,
student grades, progress reports, parent observations, and anecdotal reports. 34 CFR §104.35.
8.
Placement decisions must be made by a group of persons who are knowledgeable about your child,
about the meaning of the evaluation data, the placement options, and the legal requirements for
least restrictive environment and comparable facilities. 34 CFR §104.35.
9.
If eligible under Section 504, your child has a right to periodic reevaluations, generally every three
years. 34 CFR §104.35.
10.
You have the right to notice prior to any action by the district in regard to the identification,
evaluation, or placement of your child. 34 CFR §104.36.
11.
You have the right to examine relevant records. 34 CFR §104.36.
12.
You have the right to an impartial hearing with respect to the district’s actions 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.
13.
If you wish to challenge the actions of the Section 504 Committee with regard to your child’s
identification, evaluation, or educational placement, you should file a written Notice of Appeal
with the district’s Section 504 Coordinator, Linda Gardner, 1001 Highway 7, Hopkins, MN 55305,
988-4040, within 15 calendar days from the time you received written notice of the Section 504
Committee’s action(s). A hearing will be scheduled before an impartial hearing officer and you will
be notified in writing of the date, time, and place for the hearing.
14.
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.
15.
On Section 504 matters other than your child’s identification, evaluation, and placement, you have a
right to file a complaint with the district’s Section 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.
16.
You also have a right to file a complaint with the Office for Civil Rights. The address of the
Regional Office that covers Minnesota is:
Office for Civil Rights, Region V, U. S. Department of Education
401 South State Street, Room 700-C (054010)
Chicago, IL 60605-1202
Phone: 312-886-3456; FTS: 8-886-3456; TTD: 312-353-2541
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