Which Students Qualify for Coverage Under Section 504?
Section 504 and the ADA provide specific protections for “qualified individuals with a disability.” There are three categories that may qualify someone as an “individual with a disability.” These are:
1) A person who has a physical or mental impairment, which substantially limits one or more major life activities;
2) A person who has a record of such an impairment; or
3) A person who is regarded as having such impairment.
Most of the student situations that schools encounter involve students with actual current impairments that substantially limit a major life activity. These students may need specific services and accommodations in order to access the school program, but it may occasionally also be true that an eligible child under Section 504 is not in need of any interventions at the present time. Protection under the second and third categories listed above generally does not require providing special accommodations or services. Instead, the second and third categories generally protect against negative, discriminatory actions by the school or school officials.
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NOTICE OF PARENT/STUDENT RIGHTS
Section 504 of the Rehabilitation Act of 1973
The following is a description of the rights granted by Section 504 of the Rehabilitation Act (“Section 504”) to parents and their children who are identified as disabled. The school district is obligated to inform you of decisions about your child and of your rights if you disagree with any of those decisions.
You have the following rights:
- To have your child take part in, and receive benefits from, public education programs without discrimination because of his/her disability;
- To have the school district advise you of your rights under federal law;
- To receive notice from the school with respect to the identification, evaluation, educational program or placement of your child;
- According to the Department of Education’s 504 Regulations, to 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 reasonable accommodations, modifications, and related aids and services necessary for your child to benefit from his or her educational program.
- To have your child educated in comparable facilities and receive comparable services to those provided non-disabled students;
- To have decisions regarding your child’s evaluation, program and placement based upon a variety of information sources, and made by persons familiar with the student, the evaluation data, and the placement options;
- To have your child re-evaluated periodically, to the extent necessary, including before any significant changes are made to your child's educational program or placement;
- To have your child receive an equal opportunity to participate in extra-curricular school activities;
- To examine all relevant educational records relating to decisions regarding your child's identification, evaluation, education program, and placement;
- To obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records;
- To receive a response from the school district to reasonable requests for explanations and interpretations of your child's records;
- To 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;
- To file a complaint through local complaint procedures regarding any alleged violation of the Rehabilitation Act;
- To request an impartial hearing, to be conducted by a person who is not an employee of the district, to dispute decisions or actions regarding your child's identification, evaluation, educational program or placement as a student with a disability. You and your child may take part in the hearing and have an attorney represent you at your own expense. Questions about how to request a hearing may be forwarded to the person responsible for the district’s compliance with Section 504 listed below;
- To have the decisions made by hearing officers or others reviewed in state or federal court.
Boothbay Region High School: Janet Sprague (Guidance Counselor and 504 Coordinator) 633-2421, email@example.com
Boothbay Region Elementary School Grades K-4: Kim Dionne, (Guidance Counselor and 504 Coordinator) 633-5097 firstname.lastname@example.org
Boothbay Region Elementary School Grades 5-8: Sarah Gordon (Guidance Counselor and 504 Coordinator) 633-5097 email@example.com
Boothbay Region Elementary School Grades K-8 for Medical Disability: Kate Schwehm, (School Nurse and 504 Coordinator) 633-5097 firstname.lastname@example.org
Edgecomb Eddy School: Ira Michaud, (Principal and 504 Coordinator) 882-5515 email@example.com
Georgetown Elementary School: Christopher Baribeau, (Principal and 504 Coordinator) 371-2160 firstname.lastname@example.org
Southport Central School: Lisa Clarke, (Principal and 504 Coordinator) 633-3132 email@example.com
District Office: Lisa Smith (Special Education Director/504 Administrator) 633-6699, firstname.lastname@example.org