Notice of Rights for Disabled Students and their
Parents
Under §504 of the Rehabilitation Act of 1973
The Rehabilitation Act of
1973, commonly known in the schools as "Section 504," is a federal
law passed by the United States Congress with the purpose of prohibiting
discrimination against disabled persons who may participate in, or receive
benefits from, programs receiving federal financial assistance. In the public
schools specifically, §504 applies to ensure that eligible disabled students
are provided with educational benefits and opportunities equal to those
provided to non-disabled students.
Under §504, a student is
considered "disabled" if he or she suffers from a physical or mental
impairment that substantially limits one or more of their major life
activities, such as learning, walking, seeing, hearing, breathing, working, and
performing manual tasks. Section 504 also applies to students with a record of
having a substantially-limiting impairment, or who are regarded as being
disabled even if they are truly not disabled. Students can be considered
disabled, and can receive services under §504, even if they do not qualify for,
or receive, special education services.
The purpose of this Notice
is to inform parents and students of the rights granted them under §504. The
federal regulations that implement §504 are found at Title 34, Part 104 of the
Code of Federal Regulations (CFR) and entitle parents of eligible students, and
the students themselves, to the following rights:
1. You have a right to be
informed about your rights under §504. [34 CFR 104.32) The School District must
provide you with written notice of your rights under §504 (this document
represents written notice of rights as required under §504). If you need
further explanation or clarification of any of the rights described in this
Notice, contact appropriate staff persons at the District's §504 Office and
they will assist you in understanding your rights.
2. Under §504, your child
has the right to an appropriate education designed to meet his or her
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, with the exception of certain costs normally also
paid by the parents of non-disabled students. Insurance companies and other
similar third parties are not relieved of any existing obligation to provide or
pay for services to a student that becomes eligible for services under §504. [34 CFR 104.33].
4. To the maximum extent
appropriate, your child has the right to be educated with children who are not
disabled. Your child will be placed and educated in regular classes, unless the
District demonstrates that his or her educational needs cannot be adequately
met in the regular classroom, even with the use of supplementary aids and
services. [34 CFR 104.34).
5. Your child has the right
to services, facilities, and activities comparable to those provided to
non-disabled students. [34 CFR 104.34].
6. The School District must
undertake an evaluation of your child prior to determining his or her
appropriate educational placement or program of services under §504, and also
before every subsequent significant change in placement. [34
CFR 104.35].
7. If formal assessment
instruments are used as part of an evaluation, procedures used to administer
assessments and other instruments must comply with the requirements of §504
regarding test validity, proper method of administration, and appropriate test
selection. [34 CFRI04.35]. The District will consider information
from a variety of sources in making its determinations, including, for example:
aptitude and achievement tests, teacher recommendations, reports of physical
condition, social and cultural background, adaptive behavior, health records,
report cards, progress notes, parent observations, and scores on TEAMS/TAAS
tests, among others. [34 CFR 104.35].
8. Placement decisions
regarding your child must be made by a group of persons (a §504 committee)
knowledgeable about your child, the meaning of the evaluation data, possible
placement options, and the requirement that to the maximum extent appropriate,
disabled children should be educated with non-disabled children. [34 CFR 104.35].
9. If your child is eligible
for services under §504, he or she has a right to periodic evaluations to
determine if there has been a change in educational need. Generally, an
evaluation will take place at least every three years. [34
CFR 104.35].
10. You
have the right to be notified by the District prior to any action regarding the
identification, evaluation, or placement of your child. [34 CFR 104.36]
11. You have the right to
examine relevant documents and records regarding your child (generally
documents relating to identification, evaluation, and placement of your child
under §504). [34 CFR 104.36]
12. You have the right to an
impartial due process hearing if you wish to contest any action of the District
with regard to your child's identification, evaluation, or placement under
§504. [34 CFR 104.36]. You have the right to
participate personally at the hearing, and to be represented by an attorney, if
you wish to hire one.
13. If you wish to contest an
action taken by the §504 Committee by means of an impartial due process
hearing, you must submit a Notice of Appeal or a Request for Hearing to the
District's §504 Coordinator at the address below:
Lonna W. Clinch, PhD
MVISD Section 504 Coordinator
(830) 931-2243
ext. 1179
A date will be set for the hearing and an impartial
hearing officer will be appointed. You will then be notified in writing of the
hearing date, time, and place. .
14. If you disagree with the
decision of the hearing officer, you have a right to seek a review of that
decision before a court of competent jurisdiction (normally, your closest
federal district court).
15. With respect to other
issues surrounding your child's education that do not specifically involve
identification, evaluation, or placement, you have a right to present a
grievance or complaint to the District's §504 Coordinator (or their designee),
who will then investigate the situation, taking into account the nature of the
complaint and all necessary factors, in an effort to arrive at a fair and
speedy resolution.
16. You also have a right to
file a complaint with the Office for Civil Rights (OCR) of the Department of
Education. The address of the OCR Regional Office that covers this school
district is:
Director
Office for Civil Rights, Region VI
1999 Bryan Street,
Suite 2600
Dallas, Texas 75201
Tel. (214) 880-2459