Parents Guide to Section 504 Of the Rehabilitation Act of 1973

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1 Parents Guide to Of the Rehabilitation Act of 1973

2 CONTENTS 1 Overview What is? How does this affect a student s education? What does require? 2 and IDEA How is different from the IDEA? What are reasonable accommodations? Are eligibility requirements the same for and IDEA? 3 Qualification/Identification Examples of Impairments How is a student identified and evaluated? 4 Eligibility What is a 504 Plan? What are the disciplinary procedures for 504 disabled students? Appeal Process-What if the parent disagrees with the school s decision? Summary of Legal Rights for Parents

3 Overview What is? refers to a part of the Rehabilitation Act of The primary purpose of the Rehabilitation Act of 1973 is to ensure that persons with disabling conditions are not discriminated against. states, No otherwise qualified individual with a disabling condition in the United States...shall, solely by reason of his or her disabling condition, be excluded from the participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance... How does this affect a student s education? With respect to education this means that students with a documented disabling condition or a record of physical and mental impairment or are regarded as having such an impairment that can be shown to substantially limit a major life skill such as breathing, walking, earning a living, or learning are entitled to reasonable accommodations. **A diagnosis of a disability does not automatically qualify a student for 504 accommodations. What does require? of the Rehabilitation Act of 1973 prohibits discrimination against disabled persons, including students, by school districts receiving federal financial assistance. This law requires that every public school in the United States identify, evaluate, and provide appropriate services to disabled individuals as defined by. In addition, procedural safeguards must be provided to the parents/guardians of identified students. The U.S. Department of Education Office of Civil Rights and/or is responsible for enforcing. If a student is determined to be 504 eligible, the school district must develop and implement a 504 Plan. Inquiries concerning procedures in the Baltimore City Public Schools may be directed to Student Support Services at

4 and IDEA How is different from the Individuals with Disabilities Act (IDEA)? Unlike the special education law, Individuals with Disabilities Education Act, which provides for specialized instruction to remediate disabilities, is solely focused on discrimination with regard to equal access to learning. The key concept here is the avoidance of discrimination in access to learning, not remediation in learning. What are reasonable accommodations? Examples of reasonable accommodations are: extended time on tests and homework; use of a computer or calculator; special seating; separate sets of books for home; medication management by school nurses, or any number of reasonable accommodations that allow equals access to one s learning. Are eligibility requirements the same for and IDEA? No. The requirements are different. and IDEA are two separate eligibility determination processes. Students who have a disabling condition under must meet the disabling condition criteria. The 504 team develops a 504 Plan, outlining the reasonable modifications and/or accommodations in the regular education classroom.

5 Qualification/Identification Examples of impairments Physiological Disorders Any physiological disorder affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin, or endocrine. Mental, Psychological, Physical Impairments Any mental, psychological or physical impairment, including, but not limited to: visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; diabetes; attention deficit disorder; drug addiction, and emotional or mental illness; or alcoholism. How is a child identified and evaluated? The student is referred to the 504 Team which will review the information and determine eligibility under. A parent or staff may refer to the 504 Team. The parent/guardian will receive written notification for a 504 Meeting. The meeting will take place in a reasonable time. At the meeting the 504 team will determine if the student qualifies for a 504 Plan. Written documentation of the impairment (e.g., medical, psychological, agency reports) must be provided at the meeting. The parent/guardian will receive the 504 Legal Summary of Parents Right document at the meeting.

6 Eligibility If I think a student may be eligible, what should I do? If you believe that your child might qualify under, contact your school administrator. 504 Plan/ Disciplinary Procedures/ Appeals What is a 504 Plan? What if the parent disagrees with the school s decision? The 504 Plan is based on the student s needs and is developed by the 504 Team. In the student s 504 Plan the team will determine the types of reasonable accommodations, modifications, adaptations, interventions, aids, and services that are needed to meet the student s needs. If the parent/guardian disagrees with school decisions, he/she has the right to an appeal hearing. To request an impartial due process hearing related to the decisions regarding your child s 504 Plan (identification, evaluation, and educational placement) by contacting the Executive Director of the Office of Student Service Support at

7 Summary of Legal Rights for Parents Below is a description of the rights granted by federal law to students with disabilities under of the Rehabilitation Act of 1973, as amended. The intent of this information is to keep you fully informed concerning decisions about your child s educational program. You have the right to: 1. Have the school system advise you of your rights under ; 2. Have your child with disabilities take part in, and receive benefits from, public education programs without discrimination because of the disability; 3. Receive all information in your native language or other primary mode of communication; 4. Have your child receive a free, appropriate public education (FAPE); 5. Have your child be given an equal opportunity to participate in school programs and extracurricular activities sponsored by the school; 6. Receive notice before the school identifies or evaluates your child, or changes your child s educational placement; 7. Inspect and review all your child s educational records, including the right to obtain copies at a reasonable cost. You will not be charged for a copy of your child s record if the cost would prevent you from inspecting and reviewing the records; 8. Request an amendment to the record if you believe information contained in the record is inaccurate or misleading or violates your child s privacy or other rights. If the school system refuses to amend the record, you have the right to request a hearing and/or to place in the record a statement of why you disagree with the information it contains; 9. Have educational evaluation and placement decisions based on information from a variety of sources and by persons who know your child s educational needs, the meaning of the evaluation information and the placement options available in the school system; 10. Periodically review the Written 504 Plan, if one is developed and, if your child is eligible under, to periodic reevaluation before any significant change in your child s placement; 11. Participate in decisions or actions regarding your child s identification, evaluation, educational program or educational placement. 12. Request an impartial due process hearing related to the decisions regarding your child s 504 Plan (identification, evaluation, and educational placement) by contacting Pamela Moore, 504 Coordinator, Office of Student Support Services at , 200 East North Ave., Baltimore, MD Sign below to indicate you have received a copy of the Summary of Legal Rights afford to you.